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HomeMy WebLinkAbout05-2053 " " Jeffrey R. Boswell, Esquire Supreme Court J.D. #25444 BOSWEll. 'lINTNER, PICCOLA & ALFORD 3] 5 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236.9377 Attorneys for PlaintiffS WILLIAM R. MITCHELL, and ANN L. MITCHELL, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V NIA PLAINTIFFS, : NO. US/ 0705":3 ~ v. WEST BANK LUBES, INC., and MULTI-MANAGEMENT,INC. DEFENDANTS. : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days afte this Complaint and Notice are served, by entering a written appearance personally or by atto ey and filing in writing with the Court your defenses or objections to the claims set forth ag inst you. You are warned that if you fail to do SO, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You ay lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 1-800-990-9108 '. NOTICIA Le han demandado a usted en Ia corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al parti de la fecha de Ie demanda y la notificacion. Usted debe presentar una apariencia escrita 0 e persona 0 por abogado y archivar en la corte en forma escrita sus defensas os sus objecio es a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso 0 notificacion y p cualquier queja or alivio que es pedido en Ia peticion de demanda. Usted peude perder di era os sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. I NO TIENE ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE P AGAR RAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CU DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PAl 70 13 I -800-990-9 I 08 .. m:lhomeljrbllitigatlmitchell complaint,wpd Draft 2 April 4, 2005 Jeffrey R. Boswell, Esquire Supreme Court l.D. #25444 BOSWELL, T1NTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiffs WILLIAM R. MITCHELL, and ANN L. MITCHELL, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV NIA PLAINTIFFS, :NO. p5- ')..oS3 v. WEST BANK LUBES, INC., and MULTI-MANAGEMENT,INC. DEFENDANTS. : CIVIL ACTION - LAW COMPLAINT AND NOW COME Plaintiffs, William R. Mitchell and Ann L. Mitchell, husband nd wife, by their attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & AIr. d, and present their Complaint, alleging, as follows: PARTIES AND VENUE I. Plaintiffs William R. Mitchell and his spouse, Ann L. Mitchell, reside at 2728 Rosegarden Blvd., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant West Bank Lubes, Inc, a foreign corporation with a Certificate of Authority to do business in Pennsylvania., conducts business in Cumberland County, Pennsylvania, under the name of Jiffy Lube. at 4958 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. -1- 3. Defendant Multi-Management, Inc., a Pennsylvania business corporation whic has a registered office at W038 E. Haines Street, Philadelphia, Pennsylvania, and which has a business address of 100 B North Tollgate Road, Bel Air, Maryland 21014, has a business interest in the stated JiffY Lube at 4958 Carlisle Pike, Mechanicsburg, Pennsylvania. 4. Robert J. Falter, whose residence is unknown, is an owner of Multi- Managem t, Inc. 5. Venue is proper in Cumberland County pursuant to Pa. R. Civ. P. 1006(a), as t e transaction or occurrence out of which this cause of action arises took place in Cumberlan County. FACTS COMMON TO ALL COUNTS 6. At all times relevant to this action, Plaintiffs owned a 2002 Nissan Maxima. 7. On January 6, 2004, Plaintiffs delivered their 2002 Nissan Maxima to the Defendant's JiffY Lube at 4958 Carlisle Pike for service. 8. Plaintiffs received from Defendants an invoice for the "signature service specia " which invoice notes the vehicle mileage as 33,726 and lists (on the service checklist) the specific services performed including "change" oil, oil filter, and air filter, which invoice number 420 483303 BA Y2 is incorporated and attached as Exhibit "A." 9. The stated invoice on the service checklist notes "oil level upon arrival full." I O. Plaintiffs paid the invoice and took the 2002 Nissan Maxima into their possess n on January 6, 2004. 11. On January 10,2004, Plaintiff, Ann L. Mitchell, drove the 2002 Nissan Maxi to Morgantown, West Virginia. 12. On January 10,2004, Plaintiff, Ann L. Mitchell, upon arrival in Morgantown, noticed the oil light lighted and the engine light lighted, so she immediately delivered the -2- vehicle to Monroe Muffler/Brake Service Center at 1756 Mileground Road (Rte. 119), S op 147, Morgantown, West Virginia 26503, for inspection. 13. Monroe Muffler/Brake Service Center recorded mileage as 34, I 56, and documented that less than one quart of oil drained from the engine with regard to its (serv ces performed including) oil change and installation of a new oil filter. Plaintiff, Ann L. Mit ell, was advised to take the vehicle to a dealer. This service order, invoice no. 53510, is attac ed and incorporated as Exhibit "B." 14. On January 12,2004, Plaintiffs took the vehicle to Faulkner Nissan, 2450 Pax on Street, Harrisburg, Pennsylvania. 15. Faulkner Nissan inspected the vehicle and determined that the vehicle needed another 3.5 quarts of oil. 16. On January 13,2004, Faulkner Nissan refused to consider a warranty claim, because ofthe lack of oil in the engine, based on its vehicle inspection. 17. On January 13,2004, Plaintiffs called Defendant's Jiffy Lube and spoke with Manager, Rick Wagner, who provided the name of Steve Lloyd, District Manager ofMult- Management, Inc., which owns and operates the JiffY Lube in Mechanicsburg. 18. Defendants have refused to honor its warranty as demanded by PlaintitTs. 19. Plaintiffs have suffered damages greater than $ I 0,000.00 for the engine damag caused by Defendants' improper installation of the oil filler, on or about January 6, 2004, d for loss of value because of this damage. 20. Plaintiffs have been damaged by loss of use of their 2002 Nissan Maxima in th amount of $2,000.00, which amount increases each month, because the vehicle is not oper ble in its present condition. 21. Plaintiffs have incurred attorneys fees and costs with regard to their claims. -3- COUNT I BREACH OF CONTRACT 22. Paragraphs 1 through 21 are incorporated as if restated in full. 23. An express agreement existed between Plaintiffs and Defendants regarding se vice to be performed on Plaintiffs' 2002 Nissan Maxima. 24. Defendants breached the agreement by, among other things: (A) Failing to provide proper service, and (B) Failing to install the oil filter properly to prevent oil from leaking fr m the engine during its operation. 25. Plaint it Is have been harmed as a result of such breaches by Defendants. WHEREFORE, Plaintiffs request this Honorable Court to enter judgment in favor f Plaintiffs and against the Defendants in an amount not to exceed $25,000.00. COUNT II BREACH OF WARRANTY 26. Paragraphs 22 through 25 are incorporated as if restated in full. 27. Defendants provided Plaintiffs with a limited warranty for its "signature servi e special. " 28. The Defendant's JiffY Lube Pledge of Satisfaction, which includes the limited warranty certificate, is incorporated and attached as Exhibit "C." 20. Plaintiffs contacted Defendants to advise Defendants of their claim in a timely manner, by contacting West Bank Lubes, Inc., which trades as JiffY Lube, on January 13, 2004. 30. Plaintiffs believe and therefore aver that the oil filter and fluids failed to perfor properly during the warranty period. 31. Plaintiffs have been harmed as a result of Defendants' breach of warranty. -4- WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judg ent in favor of Plaintiffs and against the Defendants in an amount not to exceed $25,000.00. COUNT III NEGLIGENCE 32. Paragraphs 26 through 31 are incorporated as if restated in full. 33. Defendants breached their duty of care to Plaintiffs in the service work perfor ed on Plaintiffs' 2002 Nissan Maxima. 34. Defendants breached their duty of care to Plaintiffs in failing to exercise due re in its service provided. 35. Plaintiffs have suffered harm as a proximate cause of such breach. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judg ent in favor of Plaintiffs and against the Defendants in an amount not to exceed $25,000.00. COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (PUTPCPL) 36. Paragraphs 32 through 35 are incorporated as if restated in full. 37. Defendants made repairs to Plaintiffs' 2002 Nissan Maxima ofa nature or qua ity inferior or below the standard of that agreed to in writing, as set forth in Defendant's invo e and Limited Warranty Certificate, Exhibit "A" and "C," as authorized and received by Plaintiff, Ann L. Mitchell. 38. The PUTPCPL authorizes the Plaintiffs who purchased services for personal a d family purposes and thereby suffered an ascertainable loss of money and property as a res It of the Defendants' actions to bring a private action for recovery of actual damages. 39. The PUTPCPL provides that the Court may award up to three (3) times the act al damages sustained and may provide additional relief as it deems necessary or proper. -5- 40. The PUTPCPL also provides that the Court may award to Plaintiffs, in additi n to other relief, costs and reasonable attorneys fees. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judg ent in favor of Plaintifts and against the Defendants an award which is three (3) times the act al damages sustained and such other further relief, as this Court may deem just and equitabl ,as well as costs and reasonable attorneys fees. BOSWELL, TINTNER, PICCOLA & ALFORD By: ~L-- Jef R. Boswell, Esquire DATE: March 31, 2005 -6- Jiffy Lube # 420 WEST B~NK LU8ES~ INC. 4958 CARLISLE PIKE MECHANICSBURG, PA 17055 (717) 7E, 1-650(:) CUSTOMER INFORMATION BILL IVIITCHFLL 2728 RO~3E(3AliDEJ'J E-.L V D fijf~:CH;:'ll\l I SSBLRG, ~'A 1~'21:55- (717) 76G~-42e::, l ~~ " J jiffylube$ DATE 01/01;/04- 42\) I,B33~1 BAY2 0.4.('1 ll?lt~.00,':~ - 3.303 VE!yj,4.2Q.' c;~r 420 JPL420 BK 2i(:1 VEM42 VEHICLE INFORMATION INVOICE NO. TRANSACTION NO. EMPLOYEES YEAR 2 J;,:i ~i c: LICENSE PLA MAKE N! S~-:;~~N / DA rSL:i'-'; ALTERNATE 10 MODEL i"1 A X I Pi~; MILEAGE ENGINE 34 5L ;:.,Cy 1 (1..)0.2;:301;:;:) F I..\e 1 - TZ;-:::~.J"'+'::' -. 3,~, 72t~ \_> n.jf?c:t<:d C FLEETS " SERVICE HISTORY ..,' "'y ".' MILEAGE SERVI ES 33,,726 55 AF FI 1::,430 58 {"IE DATE 1l~..I jZlf~/QJLj. e: 1 /QliJ/~3 ;- DESCRIPTION ~l\~N~~! k S~HV1C~ bP~Ci~ elL FILTER # HL'7317 Q.S~ 530 SVl~T~~TIC BLEND GUNOUT FU",-L SYf3TEIV1 CL:;:ANE, AIR FILTER # HA4309 PRICE .....;~.. !::t'~::/ 1" '71Q'l i,)~ l2i:Z' (1.12,8 1. AZI 5'9. ')'] 1 ~ _ 0~ 9. '39 RVlCE - )~ IULESRllNl RD. 4 RTE 119) SI;llP\ll7 < ~RtlilNTOlotl, WV 26sa:J, ~) ~.-~ '. ~ ~R: ~D E IC'.AlLISTELl , 1'r:l)1IllCI~: JARED N. rJJllES ~~w QTY PP~T MAffl[6EFlII - SERVI 5 5W30 S 1 VlJ51t S 1 OILRF S ,1 LUliE S , 1I1Ml4 ESTIMATE I: 82955 YEAR: ~ MAl\E: 1l1SSlWl LICENSE I: ETZ254b COLOR: STATE:~' NlLEA6E Ill: 34151> MUFFLERS - BRAKES. STEERING - SUSPENSION ALIGNMENTS - TIRES. OIL CHANGES ... OT~~~it1L}' MAI,NTENANCE SERVICES, BIL JIIITCIiELl. ., 2728 ROSE 6IlRDEN i'lECliANICSBURG, Pi!. 17055 IDE: (3041 " ---<' ,PO I~ SERV ICES REIllESTED: 5IlJll IllTOR OIL OIL FILTER .....RECyCLE..... ENVIRONI!ENTAL COST- ... FOR T~ DISPOSAl. [J' WASTE OIL. , LU!lE \IF POSSIBLE) &0 0. ~ T .tal SERV ICE "I SCELlJlNEOUS FEE S .0 60 &0 0.1lll 4.99 2." 0.1lll 4. '19 2.08 1.80 2400 0.08 0.00 0.08 ~ SlJPPLY./ENVIRlNIENTAL FEE -Q 1.10 Total JIIISlB.LAAEOUS ... 1.10 0.08 '. "".;.; . "'____.....~...~"',;,"c;_~ . , ( ....-" " -,...,--"----~-,-- :~,.~. +-...---~. <, i:'jJ 'If!!'''Erp, 4!~"'!V.uliltlf""i1:)A~ AI 1~~Jl,;., ~,~~Y~~=:nJ::,,",~~ltt~ /;l.CCr'!'1iJ.i~ \I,:$l~~t~~~A!~ '1 ,~~., '._ ,VYlf\Y/I;iif lY'~~_~r ~~~;.e ~ 24.48 4388642383326493 11/85 861m- YlSA . ,~,i; ~,,' --,-,..__..,_~;..;.__ ':-.:...._l:.". 13.0e &.99 2.il0 0.00 21.99 ......,;;;, ':., .~ Sll& TOTAL 23.lI'l EXHIBIT SILEs TAX SAlMlTOTI4.. iI 1.J'l 24.48. '/'C"",: _ ~ IN PlIN,AIlVISED ClJST DEllER ro SEE. IF "" { DlIJ TO. ~11lE, It 4 . , G,l)l}ders;go.ed..J:1avi d~-Qf'.~hi~,_ invoice by check, credit ard, or other charge, agrees pay MONRO MUFFLE BRAKE or SPEEDY AUTO SERVICE a sum eQual I all charges and expenses, including reasonable att may fees and returned ch6c~ '. charges incurred by MO 80 or SPEEDY, in the ever. that lor any reason said heck or charge is I'}ot accepted lor collection a d paid to MONRO gr: SPEEDY. .~ 0' ,...;>, ,} ~ 1.10 1.10 tJ r (..Cr ,/to it, ,( I .... CUSTOM A'S ~IGNATUAE !Jl addition to specific wa antias detailed below (for ~hich you will ~ecejve a parate written warranty), ai, . other services per!Ormed d parts installed are \! guaranteed <lgainlt dete in materials and workman- ship for a minimum perio of 90 days or 4,000 miles, whichever comas first. S auld any part installed or service performed beco c;1efective during'its warran period, MONRO or SPE Y does hereby agree to re~ or replace said part or I'&' rform said service at no charge upon the presen "on of this Invoice. and, ~ applicable warranty. 200 HOLL ER PARKWAY~, " REMrr TO: ROCHEST R, NY 14615 . j ,. D1AGNOS HEel,c.ODES' .( '=~ ci==n~o~- performs intende lunction. f" _. . S "" Componant or se ice SUGGESTED per industry standard or in advanoe',of i.' component failur p "" 'Component or se ice RECOMMENDED for improved vehicle erformance. C '" Component or se ice requested by cUstome' or C8rryout transa ion. 10 20 30 40 50 60 70 NO (lDC) COOES BUSIIES -....; ., ' ~, . IiI6R ~ v"~ '..Ii'" '-=~\:,::~- , ioi:!'!. 'lloc. ~,;A.~""'v~",":'cr, ~' ",-' 'It jiftYlube LIMITED WARRANTY CERTIFICATE THE JIFFY LUBE@ PLEDGE OF SATISFACTION '. ". ,:}T. Because we appreciat-e ~o'OL;r ccsires3 end wart 'y'0u to C~Jme i:a.ck, ';'i2 r:ied';;e ~o sep ',:>:: /:::,L;t C2( thoroughly and pr.ofessionally in _a clean environment and with a spirit of friendliness. Jiffy Lube backs up this pledge on every invoice We take pride in the work '.'ie 00. 31,d W2 want our custc e-s '.J drive away completely satisfied. If you have any comments or suggestions, or if we fai' t rr ~st your expectations in <;jny, , way, .piease see the service -center manager or contaot ou corporate headquarters.,Wewill be happy to hear from you. YOUR COMPLETE RIGHTS ARE SHOW!,.1 BELOW WHERE Y9U CAN OBT,,-~ W~.fl.B,A.NTY S.sRVICg {:u sr::;,'_.\~ !:rsr ri?:lir:1 tc c, '-::\:<~::c ,:r'.:: Se("i:::;~ C:,?F:S;- :,~:::'; ::>: ';']rmer:; :ha serv'C2 _J': ,/c:...:r ";,;>('iC:9 -;- -9 1;::1""0-:" :.":$ C:'?,"'j;:::: ::, ~ ~~' '.,; \--r . r.,' r, ',',:::; '~,','~ '::::. ii ~ ,,"-", '_ _~~. - '~-( :,::>r:!" '!'::l -\ ~ ~i, - C2'::J.C ' :: t~!? ::k;sesr Jlff;/ L.~.~~:;"I':;:'r.I'f:2 C,~~~~r ',)( ,-'n' 3:-:~/ '3e:';!Cj WHAT YOU MUST DO TO OBTAiN WARRANTY SER'IICE Toobt2.i:\ ',.':a~rant~J service jQ~ i""'.l1S~ ha~e this warranty cert:ficate a!:l,d rT'lJst ret3in a sal'1pte 01 the pracuct(s) a~(J ~,:>c::,-'_~r Ji;'jer ir:\/oj'/~::, ~:,' SL'Gccr~ :,h? -~::;::n-' V,-', ~~Bt ,'jr);lg ~,:..,;s s~;~ifi::-~~e :-~pair order and the sample(s.: to tr.e Jity L'Jb8'~ Se Ice Center for e'J3:\ua:or JT y'our :'13.:::: WHO MAKES_THE WARRA.!"TY This 'Nerrentj IS n~ao:Je and wiil ce serilcec 0'/ the Jiffy ....L.:be<!D ServIce Center which performed the serVices and IS named on,.the original invoice. T:ll:> 'Nar,anry w;!: aiso be r:cncrea by Qarh:feI!ng Jiffy Lube@ Service Centers In the United States and Can da. Most Jiffy Lub€\Ei Service Centt:r5 are inCe~e:.dei";t!y Q'Nned. -~... '_5 _. ,'__ ,.., -""---"_.' --' WHO IS COVERED This warranty extends only to the owrer and motor vehicle identified on the original invoice. stated below. ~ '- '~, ;,' ~".. ,., ..~ ""..-"'i.'"...",<r ", - "t. :': It applies only dU,:~~~'!he a,rra,~.~ period ;'tl,;"ol,I,)i-t;.'F 4-'. , ,~, 0 . WHAT IS COVERED BY THE WARRANTY ",,' ... ...",..,,,,, j h:s.varranty CC\ierS jour Jiffy LJbeJ:' Sigilatve Certfled Quality Services~ an~ ,all additional services and products reverse side of this invoice. It the 011 filter or fluids fail to perform properly during the warranty period, this Service Cen new oil filter and refill any fluids1isted on this original invoice. All products meet or exceed manufacturers' requirement hown on the r will Install a ior warranty, The Ser"ice Center warrants that those services and products will be free from defects in materials or workmanship f r either three months or 3,000 miles of use, whichever comes first measured from the date or services :or mileage shown on the origin invoice, This __~~r!an.-~,~~,?,?~ditio,n:...e.?_.~~.ot~e v~~.i.~!e receiving reasonab(e and necessary maintenance during the warranty period, ..-- ..."-...,,,,-.--- - ..,~:-! EXCLUSIONS . . " .. "1 ", . . c '.'" , . ... . I <.,..,.,..;;;.~..fItU...::;.....t~r_<.:. . This warranty will not apply ittheoriginal invoice indicates the customer decltnecHcr'authorize' specific-labor; parts~or se iceS"Tequtred for sapsfactory pertormance. This warranty does not apply when the customer or your representative tampers ith or alters ma~ufacturer's original equipment or when corrective action is taken without prior written approvai from the Jiffy lube@) S rvice Center. ThIS warranty d,?es not cover loss of tIme, inconvenience, loss of juse of vehIcle. or other InCIdental or consequenUai d mages. This . warra~ty is given in lieu of n. other express or In) li~ w I ,.~':iJ'1:;~i;' 'f~'~"t. ;;r-~'." VERIFICATION We, William R. Mitchell and Ann L. Mitchell, husband and wife, state upon personal knowledge or information and belief that the statements contained in th foregoing Complaint are true and correct, based on our personal knowledge, information, and belief. We understand that false statements herein are made subject to the penal ies of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ~;J~ ~.1 William R. Mitchell <<.......sL~ Dated: MarchZL, 2005 ~ 11 ~f\ ~ '-... ~ ~ ~ L.1 l1j w \J 0 "- w ~ t- 'r ,...> ~~~ 0 c~) -n crt ..... ...,.. F:,'l r",.: ~ . ")() ) ;0'[1 .....D (-:"':") >.' -~- <,,-,:1 .< Jeffrey R. Boswell, Esquire Supreme Court l.D. #25444 BOSWELL, TINTNER, PICCOLA & ALFORD 3] 5 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236.9377 Attorneys for Plaintiffs WILLIAM R. MITCHELL, and ANN L. MITCHELL, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V A IA PLAINTIFFS, : NO. () S- - ,.;!OJ-:r v. WEST BANK LUBES, INC., and MULTI-MANAGEMENT, INC. DEFENDANTS. : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances of Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Alford, on behalf of Plaintiffs William R. Mitchell and Ann L. Mitchell, husban and wife.. Respectfully submitted, By: ~-^- Je - . Boswell, Esquire Supreme Court 1.D. #25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 74] Harrisburg, Pennsylvania 17108-0741 Attorneys for Plaintiffs, William R. Mitchell and Ann L. Mitchell, husband and wife\ Date: March 31, 2005 C) ," ,...> ,= ,= c,n "1''',," ~J ::;-,.:1 r..) o -n -I fi1 [~~ o-r-;Cl , ~,'~l ',.'i\ )7'> c) ;..'i-, l.:.? o ...- Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire J.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants West Bank Lubes and Multi-Management, Inc. WILLIAM R. MITCHELL and ANN L. MITCHELL, Husband and Wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WEST BANK LUBES, INC. and MULTI-MANAGEMENT, INC., Defendants NO. 05-2053 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. in the above- captioned action. JO John A. Statler; uire Attorney J.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants By: DATE: s-/l.~ lor :251593 . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2 (, "7Jay of M /)\.1 2005, addressed to the following: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Stat , squ e Attorney 1.0. No. 43 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Multi-Management, Inc. , . ,-'.?- ':..~t" '~'1, ~. \ .-- 'I' , ~ ""') '<. -~ , , '2) .... ... Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc WILLIAM R. MITCHELL and ANN L. MITCHELL, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WEST BANK LUBES, INC. and MULTI-MANAGEMENT, INC., Defendants NO. 05-2053 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Writs of Summons against the following: Faulkner Nissan 2450 Paxton Street Harrisburg, PA 17111 and Monroe Muffler/Brake Service Center 1756 Mileground Road (Rte. 119) Shop 147 Morgantown, WV 26503 and Nissan Motor Co., Ltd. Nissan North America, Inc. 18501 S. Figueroa Street P.O. Box 191 Gardenia, CA 90248-0191 ~ advising them that Defendants West Bank Lubes, Inc. and Multi-Management, Inc. have joined them as additional defendants in this case. DATE: SI2.t., I b r :251552 JO By: John A. Statler, uire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2 U~y of M ~1--' 2005, addressed to the following: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, ui Attorney I.D. No. 43 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Multi-Management, Inc. ,,-, ':~,') C) c:__~, -n '_~--l ::;1 C,) o \..(.1 Cumberland County, ss: The Commonwealth of Pennsylvania to FAULKNER NISSAN AND M)NROE MUFFLER/BRAKE (Name of Addiltional Defendant\ SERVICE CENTER AND NISSAN MYroR CO., L'ID. NISSAN J\DRl'H .1\MF.RTr./\. TNr. You are notified that WEST BANK LUBES, INC. AND MULTI-MANAGEMENT. INC. (Name (.) of Defendant (5) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date JUNE 1. 2005 CURTIS R. LCXiIG IIrot!lronotary By Deputy (SEAL) FAULKNER NISSAN 2450 PAXTON STREET HARRISBURG, PA 17111 AND M:lNOOE MUFFLER/BRAKE SERVICE CENTER 1756 MILEGROUND ROAD (RI'E. 119) SHOP 147 M)RGAN'I'CX'VN, WV 26503 AND NISSAN MYroR CO., L'ID. NISSAN NORl'H AMERICA, INC. 18501 S. FIGUEROA STREET P.O.IDX 191 GARDENIA, CA 90248-0191 ~ H-']~"'Wc...c... ~ gJ :lJ ~ fii ~ ~ ~ . ~ . o~ ~ > 0-.] o~ ~ Ii t"' f!j t"' . I . o~ . "'I t"' ;~~~i~~ H H t"' H 0 z &l ~ ~ . ~ lJ1 o~ H I ~~ CIl 3: '" CO~...... en ~ ~ H ::0 0 ~lJ1"'O 0"'1 0 Z ~ . lJ1 ",...:>,<.0 C::~ H i 3: W o CIl::J"'I CIl ! ~ jHf;; ~cs 10 ~ H n ::0 r t"' ~ H o t'1::O ~ CIl t"' <: ... .. t"".... H W ~ . t"' I CIlt'1 i H e t"' 5 ~~ 00 ~ H 11 t"' ~I-I ;.- Z 11 . ~ ~ I <.0 ~~ ~z ... rs H . ... CIl ~ ~~ &: &; ~ ~ .f ZO 0 ~ '" " fii 0> e. H ~ ~ ;.- >z f 11 , :E; - H r - ~ ~ ::0 H S ----- tB 3 ~I tll il ~ ::0 8 ~ . - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITCHELL WILLIAM R ET AL VS WEST BANK LUBES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT, to wit: FAULKNER NISSAN but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On June 16th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co Postage 18.00 9 .00 10.00 31. 25 .74 68.99 06/16/2005 JOHNSON DUFFIE So answers'. __.C'<- / ~;;::.~ . <' cC<'. _/cC'--. .._---.-- . ./-~.:>.:.?__.. <~~...:,_c_...-;:r- -- ~--'~,_o_~~~"=,"'- R: Thomas Kline Sheriff of Cumberland County STEWART WEIDNER Sworn and subscribed to before this ~I~ day of c;J~, - cJf1O~' A.D. l .~ {! >0~, -' r!r7f" j Prothonotary me In The Court of Common Pleas of Cumberland County, Pennsylvania William R. Mitchell et al VS West Bank Lubes Inc et al VS. Faulkner Nissan et al No. 05-2053 Civil Now, June 3.?OO;; , I, SHERIFF OF CUNIBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~ 'rl"<~~ Sheriff of Cum berland County. P A Mfidavit of Service Now, ,20 , at o'clock M. served the within upon at by handingto copy of the original a and made !mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subSCribed before me this day of , 20_ COSTS SERVICE . MILEAGE AFFIDAVIT $ $ @{{b:~ of tqc ~4c:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MITCHELL WILLIAM R vs County of Dauphin FAULKNER NISSAN Sheriff's Return No.1013-T - -2005 OTHER COUNTY NO. 05-2053 CIVIL AND NOW:June 7, 2005 at 2 : 2 0 PM served the wi thin WRIT TO JOIN ADDITIONAL DEFENDANT upon FAULKNER NISSAN by personally handing to BRIAN MARKWOOD FINANCE MANAGER 1 true attested copy(ies) of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 2650 PAXTON ST HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, Jf~ before me this 8TH day of JUNE, 2005 Sheriff of Dauphin County, Pa. /~~ /)/. /" -" ' ~(-C;f",?,~.:t,.~".,;",:/ ,':6'//;) v''--'/I'-''''..n...P I By ':;Ji'""-';e:.-,1.-rJ, J Deputy Sheriff Sheriff's Costs:$31.25 PD 06/06/2005 RCPT NO 207515 ~~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 RH Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. WILLIAM R. MITCHELL and ANN L. MITCHELL, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIViL ACTION - LAW WEST BANK LUBES, INC. and MULTI-MANAGEMENT, INC., Defendants v. NO. 05-2053 CIVIL TERM FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., LTD. and NISSAN NORTH AMERICA, INC., Additional Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICI~ The Writ to Join Additional Defendants in this matter was served upon MONROE MUFFLER/BRAKE SERVICE CENTER via Certified Mail and same was received and accepted on June 8, 2005, as reflected on the Return Receipt card, a copy of which is attached hereto. JOHNSON, DUFFIE, STEWART & WEIDNER ohn . Statler, ire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043..0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. By: Sworn to and subscribed befortV,ne this ,~/ST day of :.it",! ,2005 (~u.r&_., ' :)J (lfa ~L( Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal CI1ristine H. ~, NotaIy Public 253278 ~'~~1~ Member. Pen",~v8ni3 A:StocfBt10')r, ')f Not.:tties c::J ..D ru r'l r'l <OJ ru I"- ru c::J c::J c::J c::J U1 I"- c::J ::r c::J c::J I"- U.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only. No Insurance Coverage Provided) . .. . . . . . I OFFICIAL USE I - . J(j4' ConIt'o>dFee ~ Relum RecIept Fee ~OJ --) _Do'-Fee (-- ToIaI Postage & FM8 $ . Complete Items 1. 2, and 3. Also complete Item 4 K Restricted Delivery Is deslred. . Print your name and address on the rev so that we can retum the card to you . Attach this card to the back of the melJpiece, or on the fron! If spece permits. 1. Article Addressed to: NI" fJllt/O(. f'l\.u./2-P Ju,..j 13 ra ke .J&v'iU- _ . . (}J.llltv /1.') (p til, IL11'oWAd ~d, l R.+e.. lit!) d~uf I '-f7 tvLv"1Q~ -hI4l, LJV 2/;5"03 3. Set)Io81YPe ~Celllfled Mall [J Expms Mall [J Registered [J Return flece/pt for MetchandJse' 01_ Mall [J C.O.D. 4. Restrtcted DelIver,1 (Extra Foe) [J Yes 2.Ai11cIe Number (li'arnlfe<from_/abeI) PS Form 3811, February 2004 7004 0750 0002 72B1 1260 DoIi1tlsl:fC RetlJm Receipt ; l62S95-02~1540 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy 01' the foregoing Affidavit of Service upon aii parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne. ~{ Pennsylvania, with first-class postage prepaid on the ~ day of J w -E' , 2005, addressed to the foiiowing: Jeffrey R. Bosweii, Esquire Bosweii, Tintner, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Faulkner Nissan 2450 Paxton Street Harrisburg, PA 17111 Monroe Muffler/Brake Service Center 1756 Mileground Road (Rte. 119) Shop 147 Morgantown, WV 26503 Nissan Motor Co., Ltd. Nissan North America, Inc. 18501 S. Figueroa Street P.O. Box 191 Gardenia, CA 90248-0191 JOHNSON, DUFFIE. STEWART & WEIDNER oooA. ~, Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (7H) 761-4540 Attorneys for o,efendants West Bank Lubes, Inc. and Multi-Management, Inc. By: n (:-. ~ cz; (..- ~i:~ rv rv q, .A :r;-n rr'\F: -('JI!\ ~\)"( C}.Ci ---:! -c, 'L-n (:,(-:-) /.eO ,-, -t.J --' .....'" c..'? (,,1 rJ" -, )cG .~, - Johnson. Duffie, Stewart & Weidner By: John A, Statler, Esquire 10. No, 43812 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, WILLIAM R. MITCHELL and ANN L MITCHELL, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW WEST BANK LUBES, INC, and MULTI-MANAGEMENT, INC" Defendants v, NO, 05-2053 CIVIL TERM FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO" L TO, and NISSAN NORTH AMERICA, INC" Additional Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICF;. The Writ to JDin Additional Defendants in this matter was served upon NISSAN MOTOR CO., LTD., NISSAN NORTH AMERICA, INC. via Certified Mail and same was received as reflected on the Return Receipt card, a copy of which is attached heretD, JO ON, DUFFIE, STEWART & WEIDNER JDhn A, Staller, l -" Attorney LO, No, 43812 301 Market Street P,O. BDx 109 LemDyne, PA 17043-0109 TelephDne (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, By: Sworn tD and subscribed before ~ this d I ",. day of /JUt1L ,2005 {!LM:;('-"<..'s7Jli~ 4.( NDtary Pubiic (SEAL) COMMONWEALTH OF PENNSYLVANIA NoIaJfaI Seal ChrIstine H. ~ N<l/aIy Public :253283 Lemoyne Boro, ClJrnbedand ColJ"Ily My CanmIsaIon ExpiIws fl9t, 13,2009 Member, Pennsylvania Association ef Notaries U.S. Postal Service, CERTIFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) , ,. , , , , , . I OFFICIAL USE I - $ CerllfledFee Retum Reclept Fee I~" .....11 (Endoraament Required) 6 RestrIctedDelIvelyFee 2005 (Endo-Requln>d) $ -", Total Postage & Fees rn U1 ru r'I r'I <tl ru l'- ru CJ CJ D CJ U1 l'- CJ 3' CJ CJ l'- . Complete items 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. . PrInt your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the meilplece, or on the front n space penn~. 1. Artlcle Addressed to: 0l"lSQ<I\ MrAvl ~V') L~ gJ;;5<l"l Der~ ~UIC" ,J.-ltC, Iq~{)1 5, --:nr.t,(p5</ S-r. P-D (!J",'f. I C( I btl",;ft-A,q, CA 1o;'~'()11/ 2. Article Number man-from_~ PS Fonn 3811, February 2004 [J Agent [J Add_ C. Date of Delivery 0, Is delivery address d_ from Item 1? [J Yes If YES. enter dellveJy address beJow: 0 No 3. ~::Mai1 [J ExpnlSS Mall [J Registered [J RetumRecelpt for Merchandise [J Insured Mall [J 0.0.0, 4. Restricted Delivery? (ExfnI-J [J Yes 7004 0750 00D2 7281 1253 Domestic Retum Reoelpt 102595-02-M-1540 CERTIFICATE OF SERVICE I HERESY CERTIFY that I served a true and cDrrect copy of the foregDing Affidavit of Service upDn all parties Dr counsel of record by depositing a CDPY ofS'rme in the United States Mail at Lernoyne, Pennsylvania, with first-class postage prepaid on the ~ day of ,J LM. f' , 2005, addressed tD the following: Jeffrey R Boswell, Esquire Boswell, Tintner, PiccDla & AlfDrd 315 North Front Street P,O, BDx 741 Harrisburg, PA 17108-0741 Faulkner Nissan 2450 Paxton Street Harrisburg, PA 17111 MonrDe Muffler/Brake Service Center 1756 Mileground Road (Rte, 119) ShDp 147 MDrgantown, WV 26503 Nissan MotDr CD" Ltd, Nissan North America, Inc, 18501 S, Figueroa Street P,O, Box 191 Gardenia, CA 90248-0191 JOH~ STEWART & WEIDNER \ <~./J--- By A John A Statler, Esq AttDrney LO, ND, 43812 301 Market Street P.O, Box 109 LemDyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, -\)" 1:;,';' n <;;~ ~, 'c::' ~ <-- S~" ~- ~~~~'} 1~~ ,-'-. :'j;S, .,;-., :/.'. rv rv q, ::;-! _"~~\ p"if;:;' .o~.--) -,9(1.. :;;~.~'~, '~~r '~ :J.."), .... '"'" -' ~,.. '-f! - - Johnson. Duffie, Stewart & Weidner By: John A Statler LD. No, 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com Attornl~Ys for Defendant Multi-Management, Inc. and West Bank Lubes, Inc. WILLIAM R MITCHELL, and ANN L. MITCHELL, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-2053 v, WEST BANK LUBES, INC, and MUL TI- MANAGEMENT, INC., CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., L TO, and NISSAN NORTH AMERICA, INC., Additional Defendants NOTICE YOU HAVE BEEN SUED IN COURT If you wish to defElnd against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEf;: AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIHING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 1\10 FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas pre,sentadas aqui en contra suya, Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinel'o reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicionaL Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DE BE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO, SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFOf;:MACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie, Stewart & Weidner By: Wade D, Manley I.D. No. 87244 301 Market Street p, 0, Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com AttornE~Ys for Defendant Multi-Management, Inc, and West Bank lubes, Inc, WilLIAM R. MITCHEll, and ANN L MITCHEll, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-2053 WEST BANK lUBES, INC. and MUl TI- MANAGEMENT, INC., CIVil ACTION - LAW JURY TRIAL DEMANDED Defendants FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., l TO, and NISSAN NORTH AMERICA, INC., Additional Defendants ANSWER AND NEW MA TTE~t Defendants, Multi-Management, Inc" and West Bank Lubes, Inc., by and through their attorneys, Johnson, Duffie, Stewart & Weidner, file their Answer with New Matter, as follows: 1, Denied. After reasonable investigation, the Answl~ring Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 2, Admitted. 3, Admitted in part; Denied in part. It is admitted that the Defendant, Multi- Management, Inc., maintains a business address of 100 North Tollgate Road, Bel Air, Maryland 21014. The remainder of the averments contained in paragraph 3 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Defendant, Multi-Management, Inc" is a Pennsylvania business corporation, rather the Defendant, Multi-Management, Inc" is a Maryland corporation, Additionally, the Defendant, Multi-Management, Inc" does not have a business inllerest in the Jiffy Lube at 4958 Carlisle pike, Mechanicsburg, Pennsylvania, rather the Defendant, Multi-Management, Inc" maintains a management contract with the corporate operator of that Jiffy Lube. 4, Denied, The averments contained in paragraph 4 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, Robert Falter is not an owner of the Defendant, Multi-Management, Inc., rather hE~ is the Secretary of the corporate Defendant, Multi-Management, Inc, 5, Admitted. 6, Denied, After reasonable investigation, the Answl3ring Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 7, Admitted in part; Denied in part. It is admitted that the Plaintiffs delivered a 2002 Nissan Maxima to the Jiffy Lube operated by the Defendant, West Bank Lubes, Inc" at 4958 Carlisle Pike for service on January 6, 2004, After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of whether the Plaintiffs owned the 2002 Nissan Maxima, and therefore the averments are denied and strict proof is demanded at trial. 8, Admitted. 9, Admitted, 10, Admitted, 11, Denied. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 12. Denied. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 13. Denied. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 14, Denied, After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 15, Denied, After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 16, Denied, After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 17, Admitted in part; Denied in part. It is admitted that, at the time of the events averred in the Plaintiffs' complaint, Rick Wagner was the ManagEir of the Jiffy Lube in Mechanicsburg and that Steve Lloyd was the District Manager of the Defendant, Multi- Management, Inc, After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of remaining averments, and therefore the averments are denied and strict proof is demanded at trial. By way of further answer, Mr. Wagner is no longer employed in any capacity with that Jiffy Lube or either named Defendant and neither Defendant has knowledge of his current location, Therefore, it is unknown whether or not Mr. Wagner provided the Plaintiffs with Mr. Lloyd's name, Also, it is specifically denied that the Defendant, Multi-Management, Inc" owns and operates the Jiffy Lube in Mechanicsburg, rather the corporate Defendant, West Bank Lubes, Inc" owns and operates the Jiffy Lube in Mechanicsburg, 18, Denied, The averments contained in paragraph 18 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied, 19, Denied, The averments contained in paragraph 19 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied, 20. Denied. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 21, Denied. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. COUNT I BREACH OF CONTRACT 22. The Answering Defendants incorporate herein by I"eference their answers to paragraphs 1 through 21 above as though fully set forth herein at length, 23, Denied, The averments contained in paragraph 23 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied, 24. Denied. The averments contained in paragraph 24 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied, 25, Denied, The averments contained in paragraph 25 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied, WHEREFORE, the Answering Defendants respectfully request that judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice, COUNT II BREACH OF WARRANTY 26, The Answering Defendants incorporate herein by reference their answers to paragraphs 1 through 25 above as though fully set forth herein at length, 27, Denied, The averments contained in paragraph 27 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied. 28, Admitted in part; Denied in part, It is admitted that the Plaintiffs attached, as Exhibit "C", Jiffy Lube's Pledge of Satisfaction, The remainder of the averments contained in paragraph 28 are conclusions of law and fact to which no response is deemed required, If a response is deemed to be required, the averments contained therein are specifically denied, 29, Denied, After reasonable investigation, the AnsWisring Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments, and therefore the averments are denied and strict proof is demanded at trial. 30, Denied, The averments contained in paragraph 30 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied, 31, Denied, The averments contained in paragraph 31 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied, WHEREFORE, the Answering Defendants respectfully request that judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice, COUNT 11/ NEGLIGENCE 32, The Answering Defendants incorporate herein by reference their answers to paragraphs 1 through 31 above as though fully set forth herein at length. 33. Denied. The averments contained in paragraph 3,3 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied, 34, Denied. The averments contained in paragraph 34 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied, 35. Denied. The averments contained in paragraph 3,5 are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Answering Defendants respectfully request that judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice, COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (PUTPCPLJ 36, The Answering Defendants incorporate herein by reference their answers to paragraphs 1 through 35 above as though fullyset forth herein at length, 37. Denied. The averments contained in paragraph 37 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied, 38, Admitted in part; Denied in part, It is admitted that the Pennsylvania Unfair Trade Practices and Consumer Protection Law authorizes the Plaintiffs to bring a private action for the recovery of actual damages, It is specifically denied that Answering Defendants' actions caused the Plaintiffs to suffer an ascertainable loss of money and/or property which would enable the Plaintiffs to bring a private action for the recovery of actual damages, and strict proof thereof is demanded at trial. 39, Admitted in part; Denied in part, It is admitted tl1at the Pennsylvania Unfair Trade Practices and Consumer Protection Law authorizes the Plaintiffs to bring a private action for the recovery of actual damages, It is specifically denied that Answering Defendants' actions caused the Plaintiffs to suffer an ascertainable loss of money and/or property which would enable the Plaintiffs to bring a private action for the recovery of actual damages, and strict proof thereof is demanded at trial. 40, Admitted in part; Denied in part, It is admitted that the Pennsylvania Unfair Trade Practices and Consumer Protection Law authorizes the Pliaintiffs to bring a private action for the recovery of actual damages, It is specifically denied that Answering Defendants' actions caused the Plaintiffs to suffer an ascertainable loss of money and/or property which would enable the Plaintiffs to bring a private action for the recovery of actual damages, and strict proof thereof is demanded at trial. WHEREFORE, the Answering Defendants respectfully request that judgment be entered in their favor and that the Plaintiff's Complaint be dismissed with prejudice, NEW MA TTER 41. Plaintiffs' cause of action may be barred by the Applicable Statute of Limitations, 42, The Plaintiffs' damages were not caused by any al~ts. omissions, and/or breaches of duty by the Answering Defendants, 43, The Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 44. If it should be found that there is any negligence on the part of the Answering Defendants, which negligence is expressly denied, any such negligence was not a proximate cause of the Plaintiffs' harm, 45, The Plaintiffs may have failed to mitigate their damages, 46, Any negligence on the part of the Answering Defendants, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiffs, 47, The Plaintiffs' damages may have been avoidable, 48, If Plaintiffs suffered the damages alleged in their Complaint, those damages were caused in whole or in part by the negligence of the Plaintiffs and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comp:arative Negligence Act 49, The Plaintiffs may have assumed the risk of any injuries allegedly sustained, 50, The Plaintiffs' damages may have been caused by the acts or omissions of persons, parties or entities over which the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" had no control, including, but not limited to, Faulkner Nissan, Monroe Muffler/Brake Service Center, Nissan Motor Co" LId, and Nissan North Americ,a, Inc, -WHEREFORE, the Answering Defendants respectfully rE!quest that judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice, Respectfully submitt,ed, JOHNSON, DUFFIE, STEWART & WEIDNER BY~~ John A StaUer, Es ' L D, No, 43812 Johnson, Dulffie, Stewart & Weidner 301 Market Street p, 0, Box 109 Lemoyne, PA 17043 (717) 761-4540 csj:251907 13666-1 VERIFICA nON I, ROBERT FALTER, verify that I am authorized to exeGute the forgoing document on behalf of Multi-Management, Inc. and West Bank Lubes, Inc., and in that capacity I confirm that the facts set forth in the foregoing Answer and New Matter are true and correct This verification is made subject to the penalties of 18 Pa. C,SA ~ 4904, relating to unsworn falsifications to authorities, ~ L;;;;kJ-:6~ R Falter, lfecretary of Multi-Management, Inc. and West Bank Lubes, Inc, Dated: ~/ls-j 0..1- CERTIFICATE OF SERVICE AND NOW, this JJ,~ay of June, 2005, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jeffrey R. Boswell, Esq. Boswell, Tintner, Piccola & Alford 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 JOH~\' DU~E, ST^,ART & WEIDNER By: ~~\ . John A. ~Itler \ n r-<'1 a c.J -q ......, r''\ -, <- f:\FlLES\DATAFlLE\TnWelcn3090\Currem\83D\pra\\mam Created: 9/20f04 0:06PM Revised: 716105 9:19AM 3090,830 " George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. No, 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Additional Defendant Monroe Muffler/Brake Service Center WILLIAM R. MITCHELL and ANN L. MITCHELL, Husband and Wife, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2053 CIVIL ACTION - LAW WEST BANK LUBES, lNC. and MULTI-MANAGEMENT, lNe, Defendants, v, FAULKNER NISSAN, MONROE MUFFLERlBRAKE SERVICE CENTER, NISSAN MOTOR CO., LTD" and NISSAN NORTH AMERICA, lNC" Additional Defendants. JURY TRU\..L DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Additional Defendant Monroe Muffler/Brake Service Ce,nter in the above matter. Additional Defendant hereby demands a twelve juror jury trial in the above captioned action. Dated: July 7, 2005 By Ge ge B. Faller, ., LD. No, 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Additional Defendant CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jeffrey R. Boswell, Esquire BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street P.O. Box 741 Harrisburg, P A 171 08-0741 Counsel for Plaintij)i> John A. Statler, Esquire JOHNSON, DUFFffi, STEW ART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants West Bank Lubes, Inc. and Multi-Management, lnc, Faulkner Nissan 2450 Paxton Street Harrisburg, P A 17111 Nissan Motor Co., Inc, Nissan North Amf~rica, Inc. 18501 South Figueroa Street P.O. Box 191 Gardenia, CA 90248-0191 MARTS ON DEARDORFF WILLIAMS & OTTO Byl.\\t\J ~ Melissa A, Mowery Ten East High Street Carlisle, P A 17013 (717) 243-3341 a~i\,>Qd Dated: July 7,2005 -:) l-~-~ lJ)i, ' Z:sS" f;~t ~2 o -< (} c ;;'-' ~ 5\ <- ~ I C1' -0 :;:l!:; c..:> .. N v:> ~ ::C rn~ :go l-::fO ..=---1-1'; -:Y:-;j :80 ~z\1'I o -"-\ ~ M:HOME'JRBLlTIGAT'MITCHEll ANSWER TO NEW MATTER.WPD DRAFT 1 JUNE 28, 2005 Jeffrey R Boswell, Esquire Supreme Court 1.0, #25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N, Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiffs WILLIAM R. MITCHELL, and ANN L. MITCHELL, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS, : NO. 05-2053 v. WEST BANK LUBES, INC., and MULTI-MANAGEMENT, INC. DEFENDANTS, : CIVIL ACTION - LAW FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER,: NISSAN MOTOR CO., LTD., and : JURY TRIAL DEMANDED NISSAN NORTH AMERICA, INC., ADDITIONAL DEFENDANTS. PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AND NOW come the Plaintiffs, William R Mitchell and Ann L. Mitchell, by and through their attorneys, Jeffrey R Boswell, Esquire, and Boswell, Tintner, Piccola & Alford, and make this Reply to New Matter set forth, as follows: 1-40, The replying Plaintiffs incorporate herein by reference their averments in paragraphs 1-40 of their Complaint as if the same were fully set forth at length, 41, Denied. Paragraph 41 sets forth a conclusion of law to which no response is required, 42. Denied. Paragraph 42 sets forth a conclusion of law to which no response is required. 43, Denied. Paragraph 43 sets forth a conclusion of law to which no response is required, 44, Denied, Paragraph 44 sets forth a conclusion of law to which no response is required. 45. Denied. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth or accuracy of this allegation. Therefore, said allegation is denied, Plaintiffs demand proof at trial. Plaintiffs aver they acted timely and incorporate their averments of paragraphs 12, 13, and 14 without restating same. The remainder of paragraph 45 sets forth a conclusion of law to which no response is required, Therefore. said allegation is denied. 46. Denied. Paragraph 46 sets forth a conclusion of law to which no response is required. 47, Denied. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth or accuracy of this allegation. Therefore, said allegation is denied, Plaintiffs demand proof at trial. 48. Denied. Paragraph 48 sets forth a conclusion of law to which no response is required. 49, Denied, Paragraph 49 sets forth a conclusion of law to which no response is required. , 50. Denied. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth or accuracy of this allegation. Plaintiffs demand proof at trial. The remainder of paragraph 50 sets forth a conclusion of law to which no response is required, Therefore, said allegation is denied. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a judgment against the Defendants with attorneys fees, interest, and costs as allowed by law, as requeted in the underlying complaint. BOSWEll, TINTNER, PICCOLA & ALFORD By: ~~ Jeffr . Boswell, Esquire 315 North Front Street P. 0, Box 741 Harrisburg, PA 1i'108-0741 I. D. No. 25444 Attorneys for Plaintiffs DATE: June 30, 2005 , VERIFICATION We, William R. Mitchell and Ann L. Mitchell, husband and wife, state upon personal knowledge or information and belief that the statements contained in the foregoing Plaintiffs' Reply to New Matter of Defendants are true and correct, based on our personal knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904 relating to unsworn falsification to authorities. 0v~;;J(~ William R. Mitchell Dated: June 10, 2005 CERTIFICATE OF SERVICI; I, Jeffrey R Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Plaintiffs' Reply to New Matter of Defendants, addressed, as follows: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 lemoyne, PA 17043 (Attorneys for Defendants, Multi-Management, Inc" and West Bank Lubes, Inc.) Faulkner Nissan 2450 Paxton Street Harrrisburg, PA 17111 Monroe Muffler/Brake Service Center 1756 Mileground Road (Rte, 119) Ship 147 Morgantown, WV 26503 Nissan Motor Co., Ltd. Nissan North America, Inc, 18501 S. Figueroa Street P. O. Box 191 Gardenia, CA 90248-0191 Method of Service: _X_ First class mail Certified mail/Restricted Delivery Hand-delivery BOSWEll, TINTNER, PICCOLA & ALFORD By: ~ Jeff~~~B~s~ell,- Esq~ire Dated: July 5, 2005 (") S -c(:~- c~,; L: is ~ ~ ~~(> ~-jE, :;t,. ~:~:~ ~:~ -< ~ ...., = c:O en 2: r- I C1' ~ ~-n r:;:~ ~TJ ;o~) :.:=t-T, I-n (~. C) 2m (.) --l :.:0 :< ~ ::.- 1';: -' ROLF E. KROLL, ESQillRE Pa. Supreme Court LD. #47243 SHAUN j. MUMFORD, ESQillRE Pa. Supreme Court LD, #84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, P A 17011 Kroll Direct Dial: 717-760-7502 Mumford Direct Dial: 717-760-7505 General Firm: 717-975-8114 Firm Fax: 717-975-8124 Kroll Email: rkroll@margolisedelstein.com Mumford Email: smumford(wmargolisedelstein.com Attorneys for Defendant: FAULKNER NISSAN WILLIAM R. MITCHELL and ANN L. MITCHELL, HUSBAND AND WIFE, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW WEST BANK LUBES, INC., AND MULTI-MANAGEMENT, INC., DEFENDANTS, VS, DOCKET NO. 05-2053 FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., LTD., AND NISSAN NORTH AMERICA, INC., ADDITIONAL DEFENDANTS, JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter the Appearances of ROLF E. KROLL, ESQUIRE, and SHAUN J, MUMFORD, ESQUIRE, for Defendant, FAULKNER NISSAN, in the above-captioned action. Dated: 'i -). -() S- By: RO OLL, SQUIRE SHAUNJ.M ORD,ESQUIRE Attorneys for efendant, FAULKNER NISSAN . " , i, I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the N. day of CZ~rLa/t and addressed as follows: ,2004, Jeffrey R. Boswell, Esquire BOSWELL, TINTNER, PICCOLA &ALFORD 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (Attorneys for Plaintiff) John A. Statler, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (Attorneys for Defendants, Multi- Management, Inc., and West Bank Lubes, Inc.) Nissan Motor Co., Ltd. Nissan North America, Inc. 18501 North Figueroa Street P.O. Box 191 Gardenia, CA 90248-0191 (Additional Defendants) George B. Faller, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (Attorneys for Additional Defendant, Monroe Muffler/Brake Service Center) MARGOLIS EDELSTEIN By: ~M.~ Q:Ji-, ()~ S cretary r..<'l ~S ,,;J" o -'il .-\ -' c._ CJ I (...) fn -.t"'! (~.'? - cr. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITCHELL WILLIAM R ET AL VS WEST BANK LUBES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MULTI MANAGEMENT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 18th , 2005 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 6.00 9.00 10.00 116.00 .00 141.00 07/18/2005 BOSWELL TINTNER S~~ "';;::_ =-. _--- R. Thomas Kline Sheriff of Cumberland County PICCOLA ALFORD Sworn and subscribed to before me this ;n'::.. day of ~ :l/}1, .( A . D . (=-~r~ p!2th~;}1~ t~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITCHELL WILLIAM R ET AL VS WEST BANK LUBES INC ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEST BANK LUBES INC the DEFENDANT , at 1005:00 HOURS, on the 25th day of April , 2005 at 4958 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to ANTHONY BROOKS, ASST MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 9.60 1. 26 10.00 .00 38.86 r-~~~~ , R. Thomas Kline Sworn and Subscribed to before 07/18/2005 BOSWELL TINTNER ?ICCOLA. ~. By: ~~Jh / .... eputy Sheriff '" me this J.~ - day of Q.1. -1.&0/ A. D. I~ ''"- -n l W'- () JVUJlO.., AO,,1::\ P othonotary '7 ( In The Court of Comrrton Pleas of Cumberland County, Pennsylvania William R. Micthell et al VS. West Bank Lubes Inc et al SERVE: Multi-Management Inc No. 05-2053 civil Now, April 21, 2005 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of PhilrliJplphirl County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~?' ///.,.;;" /'. ' _,rtr~~ ,//~~' ~~ ~?"::et.:..t:~l":"~t'f~...t? Sheriff of Cumberland County, P A AJOI\J- Affidavit of Service Now, frt1 J.( /8 C - omplflJnr upon rYl () l-t i /fit {JJl (J 9 h,t P nr J ) /I C . at_LU (L~f< E. nCl; nl.S S+I'~,ff ,20-112, at3~ 1-0 o'clock L M. served the within by handing to a copy of the original and made known to the contents thereof. N a1- ~!! y ( J.. /~ is JJfJJJUS is now feu+- 6~ ~ 'f(}J~IY1{j tot JOr l.jf.L {OC ~ f;l- ~. Of wu[r:u . tJf{ ~ 1 air bU I <:[9-' grn/jlLf',[ '''9 Ib "fI'''f'l., tt- hd~ , So answers, County, PA 20 lIS. ~of 4(rOU!:.5 krll.tr COSTS SERVICE MILEAGE AFFIDA VIT CQ~I'~ONWC^LTH or- P,::"'~'~8Y~V'\:--'1 NOTARIAL SEAL SUSAN L ROSENFELD, Notary Public City of Pl1Jlade!~hia, Polla CooIlty M Commission E~"'fls ~brd111, wor ~""-"'-'-' $ $ Johnson. Duffie, Stewart & Weidner By: John A. Statler LD. No, 43812 Wade D. Manley I.D, No. 87244 301 Market Street P. 0, Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com Attorneys for Defendant Multi-Management, Inc. and West Bank lubes, Inc, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WilLIAM R MITCHEll, and ANN L MITCHEll, husband and wife, v, NO. 05-2053 CIVil ACTION - LAW WEST BANK lUBES, INC, and MUl TI- MANAGEMENT, INC., JURY TRIAL DEMANDED Defendants FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO" l TO. and NISSAN NORTH AMERICA, INC., Additional Defendants NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion denlro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrilo sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicionaL Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO, SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie, Stewart & Weidner By: John A Statler I.D, No. 43812 Wade D. Manley !D. No, 87244 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendant Multi-Management, Inc. and West Bank Lubes, Inc, Plaintiffs INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2053 CIVIL ACTION - LAW WILLIAM R. MITCHELL, and ANN L. MITCHELL, husband and wife, v. WEST BANK LUBES, INC. and MUL TI- MANAGEMENT, INC., JURY TRIAL DEMANDED Defendants v. FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., L TO, and NISSAN NORTH AMERICA, INC., Additional Defendants JOINDER COMPLAINT AND NOW, come the Defendants, Multi-Management, Inc" and West Bank Lubes, (nc" by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and file this Joinder Complaint and aver as follows: 1. Defendant, Multi-Management, Inc" is a Maryland corporation that maintains a business address of 100 North Tollgate Road, Bel Air, Maryland 21014, 2, Defendant, West Bank Lubes, Inc., is a Maryland corporation that maintains a business address of 4958 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3, Additional Defendant, Faulkner Nissan ("Faulkner"), is a Pennsylvania business entity with a business address of 2450 Paxton Street, Harrisburg, PA 17111, 4, Additional Defendant, Nissan Motor Co., LtdJNissan North America, Inc. ("Nissan"), is a foreign corporation with a business address of 18501 S, Figueroa Street, P,O, Box 191, Gardenia, CA 90248-0191, 5, Additional Defendant, Monroe Muffler/Brake Service Center ("Monroe"), is a foreign corporation that maintains a business facility at1756 Mileground Road (Rt 119), Shop 147, Morgantown, WV 26503, 6, The Plaintiff commenced this action against the Defendants by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, on or about April 21, 2005, attached hereto as Exhibit A, 7, Defendants, West Bank Lubres, Inc, and Multi-Management, Inc" filed their Answer and New Matter in response to the Complaint on June 27, 2005, a copy of which is attached as Exhibit B. 8, The Plaintiff's Complaint alleges breach of contract, breach of warranty, negligence and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law claims against the Defendants, 9, The Plaintiff's Complaint alleges that the Defendants improperly performed an oil change to their 2002 Nissan Maxima, 10, Monroe engages in the business of servicing automobiles and serviced the Plaintiffs', William R. Mitchell and Ann L Mitchell's, 2002 Nissan Maxima at issue in the current matter on or about January 10, 2004 at its Shop number 147, four (4) days after the Defendants performed service on the Plaintiffs' automobile. 11, Faulkner engages in the retail and service of Nissan automobiles and serviced the Plaintiffs', William R Mitchell and Ann L Mitchell's, 2002 Nissan Maxima at issue in the current matter on or about January 12, 2004, six (6) days after the Defendants performed service on the Plaintiffs' automobile, 12, Nissan engages in the manufacture and distribution of Nissan automobiles and manufactured and distributed the Plaintiffs', William R Mitchell and Ann L Mitchell's, 2002 Nissan Maxima, the condition of which is at issue in the current matter. 13. Upon information and belief, Nissan knew or should have known prior to the manufacture and distribution of the Plaintiffs' 2002 Nissan Maxima that the oil gaskets on vehicles they manufacture and distribute, specifically 2002 Nissan Maximas, dry out, crack and leak oil. 14, Upon information and belief, Nissan instructs its dealers, including, but not limited to Faulkner, to remedy the oil gasket failure by supplementing oil in their vehicles with an additive to prevent the gaskets from drying out. 15, Despite the instructions provided to their dealers and their knowledge of the oil gasket failures, Nissan and their dealers have failed to place the general public, including the Defendants herein, or Nissan vehicle owners on notice of the potential failures to the oil gaskets or how to potentially prevent such failures, COUNT I BREACH OF CONTRACT 16, The Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" incorporate herein by reference their answers to paragraphs 1 through 15 above as though fully set forth herein at length, 17. If Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" are found liability to the Plaintiffs, then the Additional Defendants are liable to the Defendants for the reasons stated in Count I of the Plaintiffs' Complaint and because the Additional Defendants breached their contract with the Plaintiffs by failing to properly service the Plaintiffs' automobile in a good and workmanlike manner or properly notify the Plaintiffs or other entities of known oil gasket failures and how the failures potentially may be remedied, 18, In the event that the Plaintiff suffered damages as complained of in their Complaint, which are specifically denied, the aforesaid acts and omissions on the part of the Additional Defendants were the factual cause of the Plaintiffs' damages, WHEREFORE, the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" request that the Additional Defendants be found solely liable to the Plaintiff, jointly liable or liable over to Defendants by way of contribution and indemnity. COUNT II BREACH OF WARRANTY 19, The Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" incorporate herein by reference their answers to paragraphs 1 through 18 above as though fully set forth herein at length, 20, If Defendants, Multi-Management, Inc, and West Bank Lubes, Inc., are found liable to the Plaintiff, then the Additional Defendants are liable to the Defendants for the reasons stated in Count II of the Plaintiff's Complaint and because the Additional Defendants breached their warranty with the Plaintiffs by failing to properly service the Plaintiffs' automobile in a good and workmanlike manner or properly notify the Plaintiffs or other entities of known oil gasket failures and how the failures potentially may be remedied, 21, In the event that the Plaintiffs suffered damages as complained of in their Complaint, which are specifically denied, the aforesaid acts and omissions on the part of the Additional Defendants were the factual cause of the Plaintiffs' damages. WHEREFORE, the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" request that the Additional Defendants be found solely liable to the Plaintiff, jointly liable or liable over to Defendants by way of contribution and indemnity, COUNT III NEGLIGENCE 21, The Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" incorporate herein by reference their answers to paragraphs 1 through 21 above as though fully set forth herein at length, 23, If Defendants, Multi-Management, Inc. and West Bank Lubes, Inc., are found liable to the Plaintiff, then the Additional Defendants are liable to the Defendants for the reasons stated in Count III of the Plaintiff's Complaint and because the Additional Defendants were negligent by failing to properly service the Plaintiffs' automobile in a good and workmanlike manner or properly notify the Plaintiffs and the general public, including the Defendants herein, of known oil gasket failures and how the failures potentially may be remedied, 24, In the event that the Plaintiffs suffered damages as complained of in their Complaint, which are specifically denied, the aforesaid acts and omissions on the part of the Additional Defendants were the factual cause of the Plaintiffs' damages, WHEREFORE, the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" request that the Additional Defendants be found solely liable to the Plaintiff, jointly liable or liable over to Defendants by way of contribution and indemnity, COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (PUTPCPL) 25, The Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" incorporate herein by reference their answers to paragraphs 1 through 24 above as though fully set forth herein at length. 26, If Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" are found liable to the Plaintiff, then the Additional Defendants are liable to the Defendants for the reasons stated in Count IV of the Plaintiffs' Complaint and because the Additional Defendants violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law by failing to properly service the Plaintiffs' automobile in a good and workmanlike manner or properly notify the Plaintiffs or other entities of known oil gasket failures and how the failures potentially may be remedied, 27, In the event that the Plaintiffs suffered damages as complained of in their Complaint, which are specifically denied, the aforesaid acts and omissions on the part of the Additional Defendants were the factual cause of the Plaintiffs' damages, WHEREFORE, the Defendants, Multi-Management, Inc. and West Bank Lubes, Inc., request that the Additional Defendants be found solely liable to the Plaintiff, jointly liable or liable over to Defendants by way of contribution and indemnity, COUNT V INDEMNITY 28, The Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" incorporate herein by reference their answers to paragraphs 1 through 27 above as though fully set forth herein at length, 29, In the event that the Plaintiffs suffered damages as complained of in their Complaint, which is specifically denied, the Additional Defendants are solely responsible for Plaintiffs' damages for the reasons set forth in the preceding counts herein. 30, In the event that the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" are liable 10 the Plaintiff, which is specifically denied, it is solely by reason of acts and omissions of the Additional Defendants as set forth above, and as a result the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" are entitled to indemnification for any liability by the Additional Defendants, WHEREFORE, the Defendants, Multi-Management, Inc, and West Bank Lubes, Inc" request that the Additional Defendants be found liable to the Defendants by way of indemnity. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Iv/IJ -0, John A Sta er LD. No. 43812 Wade D, Manle LD, No, 87244 Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 :257914 13666-11 VERIFICA TION I, ROBERT FALTER, verify that I am authorized to execute the forgoing document on behalf of Multi-Management, Inc. and West Bank Lubes, Inc" and in that capacity I confirm that the facts set forth in the foregoing Joinder Complaint are true and correct This verification is made subject to the penalties of 18 Pa, C,SA ~ 4904, relating to unsworn falsifications to authorities, B~ j -:;i:..ftr;;) obert F@lfer, Secretary Multi-Management, Inc, and West Bank Lubes, Inc, Dated: q II OJ .I a,r CERTIFICA TE OF SERVICE AND NOW, this J!i!!!-day of September, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jeffrey R Boswell, Esq. Boswell, Tintner, Piccola & Alford 315 N, Front Street p, 0, Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Rolf E. Kroll, Esq. Shaun Mumford, Esq, Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Additional Defendant, Faulkner Nissan George B. Faller, Esq. Martson, Deardorff, Willaims & Otto Ten East High Street Carlisle, PA 17013 Attorneys for Additional Defendant, Monroe Muffler/Brake Service Center JOHNSON, DUFFIE, STEWART & WEIDNER ~. ~l0-e () ,,' , " "-.f' o ." ---< fJ:~~, ,-.; i..:'J , ~~) .-,-1 I (...) -." -'~. ,~! -(.:;~ ~j,f1 ,-4 "',';" "'-'J :.< (,..) (JI SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITCHELL WILLIAM R ET AL VS WEST BANK LUBES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT, to wit: FAULKNER NISSAN but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 35.25 .74 72.99 10/24/2005 JOHNSON DUFFIE So answers: ..." "Y-? /~~~",-'~~~--- R.Thomas Kline Sheriff of Cumberlan / ,ounty STEWART WWEIDNE Sworn and subscribed to before me this 1t' day of~ (~~1 . .. p. ano ary In The Court of Common Pleas of Cumberland County, Pennsylvania William R. Mitchell et al VS West Bank Lubes et al VS. Faulkner Nissan No. 05-2053 civil Now, October 5, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,-,.,.,/ -0 ~~4'~~-R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20__, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ '.,j'=, -.) u,-~ ;~t.... ::::,= )..-c_:(. ~~~x;:~ ..; ~ .c c:> 9 ~ o uJ :,.. ,.....- r- I 1-- W o en r.::J D :.:> JJ X - @ffitt of tfre ~4eriff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy MichaelW.Rinehart Assistant Chief Deputy Dauphin County Harrisbnrg, Pennsytvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MITCHELL WILLIAM ET AL vs County of Dauphin FAULKNER NISSAN Sheriff's Return No. 1740-T - -2005 OTHER COUNTY NO. 05-2053 AND NOW:October 17, 2005 at 10:51AM served the within NOTICE & JOINDER COMPLAINT upon FAULKNER NISSAN by personally handing to THOMAS BOYER, PRESIDENT 1 true attested copy(ies) of the original NOTICE & JOINDER COMPLAINT and making known to him/her the contents thereof at 2450 PAXTON STREET HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, Jf~ before me this 18TH day of OCTOBER, 2005 Sheriff of Dauphin County, Pa. ~~ By ~.,------ tJ d- Deputy Sheriff Sheriff's Costs: $35.25 PD 10/07/2005 RCPT NO 211233 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 TW SHAUN J. MUMFORD, ESQillRE Pa. Supreme Court I.D. #84176 MARGOLIS EDELSTEIN 3510 Triudle Road Camp Hill, PA 17011 Phone: 717-975-8114 Fax: 717-975-8124 Email: smumford(ii)mareolisedelstein.com Attorneys for Defendant, Faulkner Nissan WILLIAM R. MITCHELL AND ANN L. MITCHELL, HUSBAND AND WIFE Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION-LAW DOCKET NO, 05-2053 WEST BANK LUBES, INC. AND MULTI-MANAGEMENT, INe. Defendants JURY TRIAL DEMANDED VS. FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., LTDD. AND NISSAN NORTH AMERICA, INe. Additional Defendants ANSWER WITH NEW MATTER OF ADDITIONAL DEFENDANT, FAULKNER NISSAN, TO THE JOINDER COMPLAINT OF DEFENDANTS, MULTI-MANAGEMENT, INC. AND WEST BANK LUBES, INC. AND NOW, comes Additional Defendant, Faulkner Nissan ("Answering Defendant"), by and through its counsel, Margolis Edelstein, and hereby files the instant Answer with New Matter to the Joinder Complaint of Defendants, Multi-Management, Ine, and West Bank Lubes, Ine" and avers the following in support thereof: ANSWER I. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied, 2, Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied, 3, Admitted. 4, Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 6-9. Admitted. 10. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. I L Admitted, 12, Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. -2- 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied, 14, Denied. It is specifically denied that Answering Defendant received any such instructions. 15. Denied, It is specifically denied that Answering Defendant received any such instructions, COUNT I BREACH OF CONTRACT 16. The answers contained in Paragraphs I through 15 inclusive hereof, are incorporated by reference herein as if set forth in their entirety, 17-18, Denied, The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied, WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Defendants, West Bank Lubes, Inc., and Multi-Management, Inc. COUNT II BREACH OF WARRANTY 19. Additional Defendant, Faulkner Nissan, incorporates herein by reference its answers to paragraphs I through 18 of Defendants' Joinder Complaint as if the same were set forth in their entirety. 20-21. Denied. The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied. -3- WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Defendants, West Bank Lubes, Inc., and Multi-Management, Inc. COUNT III NEGLIGENCE 22, Additional Defendant, Faulkner Nissan, incorporates herein by reference its answers to paragraphs I through 21 of Defendants' Joinder Complaint as if the same were set forth in their entirety. 23-24, Denied. The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied. WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Defendants, West Bank Lubes, Inc., and Multi-Management, Inc. COUNT IV UNFAIR TRADE PRACTICES 25, Additional Defendant, Faulkner Nissan, incorporates herein by reference its answers to paragraphs I through 24 of Defendants' Joinder Complaint as if the same were set forth in their entirety. 26-27. Denied. The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied, WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Defendants, West Bank Lubes, Inc., and Multi-Management, Inc. COUNT V INDEMNITY -4- 28, Additional Defendant, Faulkner Nissan, incorporates herein by reference its answers to paragraphs 1 through 27 of Defendants' Joinder Complaint as if the same were set forth in their entirety. 29-30, Denied. The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied. WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Defendants, West Bank Lubes, Inc., and Multi-Management, Inc. NEW MATTER 31, The answers contained in Paragraphs 1 through 30 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 32, Plaintiffs' damages were not caused by any acts, omissions, :md/or breaches of duty by Answering Defendant 33. Plaintiffs' Complaint and Defendants' Joinder Complaint fail to state a claim upon which relief may be granted as to Answering Defendant 34. If it should be found that there is any negligence on the part of Answering Defendant, which negligence is expressly denied, and said negligence is not a proximate cause of the Plaintiffs' harm. 35. Plaintiffs may have failed to mitigate their damages, 36, Any negligence on the part of Answering Defendant, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiffs. -5- 37. If Plaintiffs suffered the damages alleged in their Complaint, those damages were caused in whole or in part by the negligence of Plaintiffs, and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 38. Plaintiffs may have assumed the risk of any injuries allegedly sustained. 39. Plaintiffs damages may have been caused by the acts or omissions of persons, parties or entities over which Answering Defendant had no control, including but not limited to, Multi- Management, Inc., West Bank Lubes, Inc" Monroe Muffler/Brake Service Center, Nissan Motor Company, Limited, and Nissan North America, Inc. WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Defendants, West Bank Lubes, Inc" and Multi-Management, Inc, Margolis Edelstein 1 Date: ,,- ).).-tl) Shaun 1. Mumfo , Esquire LD, No. 84176 3510 Trindle R ad Camp Hill, PA 17011 717-975-8114 -6- VERIFICATION I, Tom Boyer, state that I have read the foregoing Answer and New Matter to the Joinder Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa.c.S.A. 9 4904, relating to unsworn falsification to authorities. Date: 11-12 - 0 r c~ Tom Boyer, Fanl !'vlitthell v. Faulkner Nissan .. . \ CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~ 3 day of November, 2005, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service bv First Class Mail, Postaf!e Preoaid. Addressed as Follows: Jeffrey Boswell, Esquire 315 N, Front Street P.O. Box 741 Harrisburg, PAl 71 08 George B. Faller, Esquire Ten East High Street Carlisle, PA 17013 Wade Manley Johnson, Duffie, Stewart and Weidner 301 Market Street P,O. Box 109 Lemoyne, P A 17043 Jennifer Clark, Esquire 1650 Market Street Suite 4900 Philadelphia, PA 19103 MARGOLIS EDELSTEIN By: ~0' h-- Carol Moose M:\mdir\l AIG\59250A-OOOI8 -- Faulkner -- Mitchell vs. West Bank v. FaulkncrIPlcadslAnswer to Joinder Complaint.l0-25-05.wpd -7- ('! r-..,:, ,- '.:~l -~ () -'n ~:~7; w ~'-'..' ) 1 c..) c::-: ;J ~~ F:\FILES\DA T AFlLEITravelers3090\Curreml830lans Ilmam Created 9120/04006PM Revised 11129/05 9:39A:vl 3090.8}O George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD, No, 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Additional Defendant Momoe Muffler/Brake Service Center WILLIAM R MITCHELL and ANN L MITCHELL, Husband and Wife, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-2053 CIVIL ACTION - LAW WEST BANK LUBES, INe and MULTI-MANAGEMENT, INe, Defendants, v. FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO" LTD" and NISSAN NORTH AMERICA, INe, Additional Defendants, JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF ADDITIONAL DEFENDANT MONROE MUFFLER/BRAKE SERVICE CENTER TO DEFENDANTS' JOINDER COMPLAINT TO: WEST BANK LUBES, INC. AND MULTI-MANAGEMENT, INC., Defendants, and their attorney, JOHN A. STATLER, ESQUIRE TO: FAULKNER NISSAN, Additional Defendant, and their attorney, ROLF E. KROLL, ESQUIRE TO: NISSAN MOTOR CO., LTD., AND NISSAN NORTH AMERICA, INC., Additional Defendants, pro se YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Additional Defendant, Momoe MufflerlBrake Service Center, by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to the Joinder Complaint of Multi-Management, Inc. and West Bank Lubes. Inc., as follows: 1.-4, After reasonable investigation, the Answering Additional Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 5. Admitted. 6.-7. Denied pursuant to Pa. KCP, 1029(e), 8,-9, Plaintiffs' Complaint is a document which speaks for itself Therefore, the averments of this paragraph are denied as to the Answering Additional Defendant. 10, Admitted. 11.-15. After reasonable investigation, the Answering Additional Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, COUNT I BREACH OF CONTRACT 16. The Answering Additional Defendant, Monroe Muffler/Brake Service Center, hereby incorporates by reference paragraphs I through 15 of its Answer. 17. Denied. To the contrary, the Additional Defendant did not breach any contract with the Plaintiffs. At all times, Monroe properly serviced Plaintiffs' automobile in a good and workmanlike manner and advised the Plaintiffs to have the vehicle taken to a Nissan dealer as soon as possible, 18, Denied, To the contrary, see Additional Defendant's response to paragraph 17, which is incorporated by reference, WHEREFORE, Additional Defendant Monroe MufflerlBrake Service Center demands judgment in its favor and dismissal of the Joinder Complaint with prejudice, COUNT II BREACH OF WARRANTY 19. The Answering Additional Defendant, Monroe Muffler/Brake Service Center, hereby incorporates by reference paragraphs 1 through 18 of its Answer. 20. Denied. To the contrary, the Additional Defendant did not breach any contract with the Plaintiff At all times, Monroe properly serviced Plaintiffs' automobile in a good and workmanlike manner and advised the Plaintiffs to have the vehicle taken to a Nissan dealer as soon as possible, 21, Denied, To the contrary, Additional Defendant Monroe Mu/TIer!8rake Service Center is not liable for any damages which are alleged by the Plaintiffs, WHEREFORE, Additional Defendant Monroe Muffler/Brake Service Center demands judgment in its favor and dismissal of the Joinder Complaint with prejudice. COUNT III NEGLIGENCE 21 ,(sic) The Answering Additional Defendant, Monroe Muffler/Brake Service Center, hereby incorporates by reference paragraphs I through 21 of its Answer. 23. Denied. To the contrary, the Additional Defendant did not breach any contract with the Plaintiffs, At all times, Monroe properly serviced Plaintiffs' automobile in a good and workmanlike manner and advised the Plaintiffs to have the vehicle taken to a Nissan dealer as soon as possible. 24. Denied. To the contrary, Additional Defendant Monroe Muffler!8rake Service Center is not liable for any damages which are alleged by the Plaintiffs. WHEREFORE, Additional Defendant Monroe Muffler/Brake Service Center demands judgment in its favor and dismissal of the Joinder Complaint with prejudice, COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (PUTPCPL) 25, The Answering Additional Defendant, Monroe Muffler/Brake Service Center, hereby incorporates by reference paragraphs I through 24 of its Answer. 26, Denied, To the contrary, the Additional Defendant did not breach any contract with the Plaintiffs, At all times, Monroe properly serviced Plaintiffs' automobile in a good and workmanlike manner and advised the Plaintiffs to have the vehicle taken to a Nissan dealer as soon as possible. By way offurther response, Monroe Muffler/Brake Service Center is not subject to the provisions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 27. Denied, To the contrary, Additional Defendant Monroe Muffler/Brake Service Center is not liable for any damages which are alleged by the Plaintiffs. By way of further response, Monroe Muffler/Brake Service Center is not subject to the provisions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Additional Defendant Monroe Muffler/Brake Service Center demands judgment in its favor and dismissal of the Joinder Complaint with prejudice, COUNT V INDEMNITY 28, The Answering Additional Defendant, Monroe Muffler/Brake Service Center, hereby incorporates by reference paragraphs I through 27 of its Answer. 29, Denied, To the contrary, the Additional Defendant Monroe Muffler/Brake Service Center is not solely responsible for Plaintiffs' damages as alleged by the Defendants. 30. Denied, To the contrary, the Additional Defendant Monroe Muffler/Brake Service Center is not solely responsible for Plaintiffs' damages as alleged by the Defendants. Therefore, Defendants Multi-Management, Inc, and West Bank Lubes, Inc" are not entitled to indemnification from the Additional Defendant Monroe Muffler/Brake Service Center. WHEREFORE, Additional Defendant Monroe Muffler/Brake Service Center demands judgment in its favor and dismissal of the Joinder Complaint with prejudice, NEW MATTER PURSUANT TO Pa. R.c.P. 2252(d) Monroe Muffler/Brake Service Center v, Multi-Management. Inc. and West Bank Lubes. Inc.. Faulkner Nissan. Nissan Motor Co.. LId.. and Nissan North America. Inc. 31. The averments of paragraphs I through 30 ofthe Additional Defendant's Answer are incorporated by reference. 32. If Plaintiffs are entitled to recover from any party, which is expressly denied, then the Defendants and other Additional Defendants are alone liable to Plaintiffs or liable over to Additional Defendant Monroe Muffler/Brake Service Center by way of contribution and/or indemnity or are jointly and/or severely liable to Additional Defendant Monroe Muffler/Brake Service Center on account of their own negligence or other liability producing conduct as alleged in the pleading, 33, If Additional Defendant Monroe Muffler/Brake Service Center is found liable to Plaintiffs which liability is expressly denied, its liability is secondary and passive to the liability of the Defendants and other Additional Defendants whose liability is primary and active, WHEREFORE, Additional Defendant Monroe Muffler/Brake Service Center demands judgment against the Defendants and the other Additional Defendants for all sums that may be adjudged against Monroe Muffler/Brake Service Center in favor of Plaintiffs; in the alternative, Additional Defendant Monroe MufflerIBrake Service Center demands judgment against the Defendants and other Additional Defendants for contribution andJor indemnification for the appropriate part of the amount of damages and costs awarded to the Plaintiffs, if any. Respectfully submitted, By MARTSONDEARDORFF WILLIAMS & OTTO C ., '7 '- P~II/ ' Geor B. aller, Jr., LD. No, 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November 29,2005 Attorneys for Additional Defendant Monroe MufflerIBrake Service Center , . . . VERIFICA nON I, Teresa Beckhorn, Risk Claim Coordinator, Monro Muffler, acknowledge I have the authority to execute this Verification on behalf of Monro Muffler and certify the foregoing Monro Muffler is based upon information which has been gathered by my counsel in the preparation of the lawsuit The language ofthis Answer is that of counsel and not my own, I have read the document and to the extent the Answer is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief To the extent the content of the Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa, C.S. ~ 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties, ~MUff1er ~Wtl~:...tJ 4llAA Teresa Beckhorn - Risk Claim Coordinator F:\FILES\DA T AFlLE\ Travelers3090\Currem\830\ans I , . . . CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Olto, hereby certify that a copy of the foregoing Answer with New Matter of Additional Defendant Monroe Muffler/Brake Service Center to Defendants' Joinder Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jeffrey R. Boswell, Esquire BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street P.O. Box 741 Harrisburg, P A 17108-0741 Counsel for Plaintifft John A. Statler, Esquire Wade D, Manley, Esquire JOHNSON, DUFFIE, STEW ART & WEIDNER 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. RolfE. Kroll, Esquire Shaun J. Mumford, Esquire MARGOLIS EDELSTEIN 3510 Trind1e Road Camp Hill, P A 17011 Counsel for Additional Defendant Faulkner Nissan Nissan Motor Co., Ine, Nissan North America, Ine, 18501 South Figueroa Street P.O. Box 191 Gardenia, CA 90248-0191 Additional Defendants Dated: November 29,2005 MARTSON DEARDORFF WILLIAMS & OTTO By: \.\\\1(, tV) Xl Q. Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 c h(~[~ {, ( --"". ( -,) (:.j j.-i ,-j. ,...- .-..... r'- Joseph Kernen & Jennifer E. Clark joseph.kernen@DLApiper,com jennifer.clark@DLApiper,com Identification Nos.: 56343 & 82390 DLA Piper Rudnick Gray Cary LLP 4900 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (215) 656-3300 DEFENDANT you are hereby notified to file a written response to the enclosed NEW MA ITER within twenty (20) days from service hereof or a judgment may tered against you. WILLIAM R. MITCHELL, and ANN L, MITCHELL, Plaintiffs, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WEST BANK LUBES, INe. and MULTI-MANAGEMENT, INe. Defendants, No. 05-2053 v. FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., LTD. and NISSAN NORTH AMERICA, INC., Additional Defendants: ANSWER AND NEW MATTER OF ADDITIONAL DEFENDANT NISSAN NORTH AMERICA, INC, TO THE JOINDER COMPLAINT Additional defendant, Nissan North America, Inc, ("Nissan"), answers the joinder complaint as follows: I, Denied. After reasonable investigation, Nissan is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph of the complaint and they are, therefore, denied. 2. Denied, After reasonable investigation, Nissan is without knowledge or information sufficient to form a belief as to the truth of the allegations ofthis paragraph of the complaint and they are, therefore, denied, 3, Denied. After reasonable investigation, Nissan is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph of the complaint and they are, therefore, denied, 4, Admitted in part; denied in part. Nissan admits only that it is a corporation of the State of California, and that its legal residence and principal place of business is located at 18501 South Figueroa Street, Gardena, California, 90248-4500. By way of further answer, Nissan Motor Co., Ltd, is a Japanese corporation with no business address located within the United States. 5. Denied. After reasonable investigation, Nissan is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph of the complaint and they are, therefore, denied. 6, Admitted that there is a document attached to the Joinder Complaint as Exhibit "A." That document being in writing speaks for itself and Nissan denies any characterization contrary to its express terms, - 2 - 7. Admitted that there is a document attached to the Joinder Complaint as Exhibit "R" That document being in writing speaks for itself and Nissan denies any characterization contrary to its express terms. 8. Admitted that there is a document attached to the Joinder Complaint as Exhibit "A." That document being in writing speaks for itself and Nissan denies any characterization contrary to its express terms. 9, Admitted that there is a document attached to the Joinder Complaint as Exhibit "A." That document being in writing speaks for itself and Nissan denies any characterization contrary to its express terms, 10. Denied, After reasonable investigation, Nissan is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph of the complaint and they are, therefore, denied. 11, Nissan admits only that Faulkner Nissan is an authorized Nissan sales and service facility, After reasonable investigation, Nissan is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph of the complaint and they are, therefore, denied. 12-13. Denied, The allegations of these paragraphs of the complaint state conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. Nissan specifically denies that it manufactured plaintiffs' 2002 Maxima. By way of further answer, - 3 - Nissan lacks knowledge or information sufficient to form a belief as to the truth ofthe remaining allegations of this paragraph of the complaint, and they are, therefore, denied. 14-15, Denied. The allegations of these paragraphs of the complaint state conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent these allegations are deemed factual, Nissan specifically denies that there is an oil gasket failure in its vehicles. COUNT I BREACH OF CONTRACT 16. Nissan incorporates by reference its answers to paragraphs I through IS of the complaint, as if fully set forth herein. 17-18, Denied. The allegations of these paragraphs of the complaint state conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, additional defendant, Nissan North America, Inc., demands judgment in its favor and against defendants, West Bank Lubes, Inc., and Multi-Management Inc., together with costs of suit, attorneys' fees, and such other and further relief as this Court may deem appropriate. COUNT II BREACH OF WARRANTY 19. Nissan incorporates by reference its answers to paragraphs I through 18 of the complaint, as if fully set forth herein. -4 - 20-21. Denied. The allegations of these paragraphs of the complaint state conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, additional defendant, Nissan North America, Inc., demands judgment in its favor and against defendants, West Bank Lubes, Inc" and Multi-Management Inc" together with costs of suit, attorneys' fees, and such other and further relief as this Court may deem appropriate. COUNT III NEGLIGENCE 22, Nissan incorporates by reference its answers to paragraphs I through 21 of the complaint, as iffully set forth herein. 23-24, Denied. The allegations of these paragraphs of the complaint state conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, additional defendant, Nissan North America, Inc" demands judgment in its favor and against defendants, West Bank Lubes, Inc., and Multi-Management Inc., together with costs of suit, attorneys' fees, and such other and further relief as this Court may deem appropriate, COUNT IV UNFAIR TRADE PRACTICES 25, Nissan incorporates by reference its answers to paragraphs I through 24 of the joinder complaint, as if fully set forth herein, - 5 - 26-27, Denied. The allegations of these paragraphs of the complaint state conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, additional defendant, Nissan North America, Inc., demands judgment in its favor and against defendants, West Bank Lubes, Inc" and Multi-Management Inc" together with costs of suit, attorneys' fees, and such other and further relief as this Court may deem appropriate, COUNT V INDEMNITY 25. Nissan incorporates by reference its answers to paragraphs I through 24 of the complaint, as if fully set forth herein. 26-27, Denied, The allegations of these paragraphs of the complaint state conclusions ofIaw to which no response is required by the Pennsylvania Rules of Civil Procedure, WHEREFORE, additional defendant, Nissan North America, Inc., demands judgment in its favor and against defendants, West Bank Lubes, Inc" and Multi-Management Inc" together with costs of suit, attorneys' fees, and such other and further relief as this Court may deem appropriate, NEW MATTER I. Plaintiffs' complaint and Defendants' joinder complaint fail to state a claim upon which relief can be granted, -6- 2. Plaintiffs damages were not caused by acts, omissions, and/or breaches of duty by additional defendant Nissan. 3. Any failure, malfunction, or nonconfonnity of plaintiffs' vehicle or any of its parts is the result of damage to the vehicle not resulting from any alleged nonconfonnity or defect. 4. Any failure or malfunction of plaintiffs' vehicle or any of its parts is the result of abuse, neglect, modification, or alteration of the vehicle by plaintiffs or other persons or entities over whom Nissan has no authority or control. 5. Any failure or malfunction of plaintiffs' vehicle or any of its parts is the result of plaintiffs' failure to maintain the vehicle. 6. Any failure or malfunction of plaintiffs' vehicle or any of its parts is the result of faulty work perfonned on the vehicle by plaintiffs or other persons or entities over whom Nissan has no authority or control. 7, Plaintiffs' claims for consequential damages are barred by the tenns of any applicable express warranties. 8. Any alleged nonconfonnities in plaintiffs' vehicle do not substantially impair the use, value or safety of the vehicle. 9, Plaintiffs claims are barred by plaintiffs' failure to afford Nissan a reasonable opportunity to repair any alleged malfunctions, defects or nonconforrnities. - 7 - 10, Plaintiffs' claim for treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law is barred because plaintiffs have not alleged, and cannot prove, outrageous or intentionally deceptive acts on the part ofNissan, II. Plaintiffs' claims are barred by plaintiffs' failure to comply with the terms of any applicable written warranties, 12. Nissan has at all times complied with the terms of any applicable written warranties. 13, Plaintiffs' claims are barred because plaintiffs' vehicle did not suffer from any defects or nonconformities at the time the applicable warranty expired and/or at the time this action was commenced. 14, Plaintiffs' claims are barred, in whole or in part, by plaintiffs' failure to mitigate damages. IS, Plaintiffs' claims are barred because plaintiffs have failed to join a necessary party. 16. Plaintiffs' claims are barred because plaintiff did not first resort to Nissan's informal settlement procedure process, as required by S 1959 of the Lemon Law. 17. Plaintiffs' claims are barred because plaintiffs failed to satisfY the requirements of Pennsylvania's Lemon Law, - 8 - 18.'Ifit should be found that there is any negligence on the part ofNissan, which negligence is expressly denied, the negligence is not a substantial factor, nor a factual cause of any harm sustained by plaintiffs, WHEREFORE, additional defendant, Nissan North America, Inc., demands judgment in its favor and against defendants, West Bank Lubes, Inc., and Multi-Management Inc., together with costs of suit, attorneys' fees, and such other and further relief as this Court may deem appropriate, Attorneys for additional defendant Nissan North America, Inc, Dated: Novembe~05. -9- VERIFICATION I, Jennifer E. Clark, state that I am an attorney with the law firm ofDLA Piper Rudnick Gray Cary LLP; that I represent defendant, Nissan North America, Inc" in this action; and that I am authorized to make this verification on behalf ofNissan North America, Inc, I am making this verification because additional defendant is located outside of the jurisdiction of this Court, and the verification of an employee of additional defendant could not be obtained within the time allowed for filing this pleading, The statements made in the foregoing answer and new matter are true and correct to the best of my knowledge, information, and belief, based on my own investigation and information I have received from defendant. I make this verification subject to the penalties of 18 Pa, C,S,A. g4904 relating to unsworn falsification to authorities, Dated: November~005. h CERTIFICATE OF SERVICE I certifY that on Novemb~05, I served a copy of the foregoing answer and new matter of additional defendant, Nissan North America, Inc., by United States first-class mail, postage pre-paid, upon the following: Shaun 1. Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Jeffrey Boswell, Esquire 315 N. Front Street P,O. Box 741 Harrisburg, PA 17108 George B. Faller, Esquire Ten East High Street Carlisle, P A 17013 Wade Manley, Esquire Johnson, Duffie, Stewart and Weidner 30 I Market Street P.O, Box 109 Lemoyne, P A 17043 ft ,F'. , , ..-, '. ' - ) C) - , SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. #84176 MARGOLIS EDELSTEIN 3510 Triudle Road Camp Hill, PA 17011 Phoue: 717-975-8114 Fax: 717-975-8124 Email: smumford(ji)man!Olisedelstein.com Attorneys for Defendant, Faulkner Nissan WILLIAM R, MITCHELL AND ANN L MITCHELL, HUSBAND AND WIFE Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION-LAW DOCKET NO. 05-2053 WEST BANK LUBES, INC. AND MULTI-MANAGEMENT,INC. Defendants JURY TRIAL DEMANDED VS, FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO., LTDD, AND NISSAN NORTH AMERICA, INC. Additional Defendants REPLY OF ADDITIONAL DEFENDANT. FAULKNER NISSAN. TO THE NEW MATTER CROSSCLAIM OF ADDITIONAL DEFENDANT. MONROE MUFFLER/BRAKE SERVICE CENTER AND NOW, comes Additional Defendant, Faulkner Nissan ("Answering Defendant"), by and through its counsel, Margolis Edelstein, to answer the New Matter Crossclaim, pursuant to Pa, KC.P, No. 2252(d), of Additional Defendant, Momoe MufflerlBrake Service Center, and avers the following in support thereof: 31, Answering Defendant hereby incorporates Paragraphs 1 through 39 of its Answer with New Matter to Defendants' Joinder Complaint '. .~ 32. Denied, The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 33, Denied. The averments contained in this paragraph constitute legal conclusions to which no responsive pleading is required and the same are, therefore, denied. WHEREFORE, Additional Defendant, Faulkner Nissan, demands judgment in its favor and against Additional Defendant, Monroe Muffler/Brake Service Center. Margolis Edelstein Date: p- fr;..f v( Shaun 1. Mumfor Esquire LD. No, 84176 3510 Trindle Road Camp Hill, P A 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~ day of U(; Iii) Y 2005, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service bv First Class Mail, Postaf!e Prepaid, Addressed as Follows: Jeffrey Boswell, Esquire 315 N. Front Street P.O, Box 741 Harrisburg, PA 17108 George B. Faller, Esquire Ten East High Street Carlisle, PA 17013 Wade Manley, Esquire Johnson, Duffie, Stewart and Weidner 301 Market Street P.O. Box 109 Lemoyne, P A 17043 Jennifer Clark, Esquire 1650 Market Street Suite 4900 Philadelphia, PA 19103 MARGOLIS EDELSTEIN By: (L>u) IL--- Carol Moose M:\mdir\l AiG\592504-00018 -- Faulknern Mitchell VS. West Bank v. FaulknerlPleads\Reply [0 New Matter.12-12-05,,,,,:pd n (:; -) ~, ~> c:::? .= en C1 ,.- " 1'.) o o -n ..... :;0] ('1,- r,:; -0,.-, -OJ'" ').L, \:-j\:':f-: "'T\ i");-,-.~ '>:;;',1 -")' :-::\ ~D :< ~ 0) C~ Johnson. Duffie, Stewart & Weidner By: John A Statler, Esquire Attorney LO, No, 43812 Wade D, Manley, Esquire Attorney I. D, No,87244 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,comlwdm@jdsw,com Attorneys for Defendants West Bank Lubes, Inc and Multi-Management, Inc, WILLIAM R MITCHELL and ANN L MITCHELL, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW WEST BANK LUBES, INC, and MULTI-MANAGEMENT, INC, Defendants v, NO, 05-2053 CIVIL TERM FAULKNER NISSAN, MONROE MUFFLERIBRAKE SERVICE CENTER, NISSAN MOTOR CO" L TO, and NISSAN NORTH AMERICA, INC, Additional Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANTS WEST BANK LUBES, INC. AND MULTI-MANAGEMENT, INC. TO NEW MATTER OF ADDITIONAL DEFENDANT NISSAN NORTH AMERICA,INC. AND NOW, come the Defendants, West Bank Lubes, Inc, and Multi-Management, Inc, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, Inc" and file the following Reply to the New Matter of Defendant Nissan North America, Inc, 1, Denied. The averments contained in this paragraph are conclusions of law to which no response is deemed required, If it is deemed that a response is required, the averments directed toward Defendants West Bank Lubes, Inc, and Multi-Management, Inc, are specifically denied and strict proof thereof is demanded at trial. 2, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Muti-Management, Inc" and therefore no response is required. 3, Denied. The averments contained in this paragraph are denied generally pursuant to Pa, R C, p, 1029(e). 4, Denied. The averments contained in this paragraph are conclusions of law to which no response is deemed required, If it is deemed that a response is required, the averments directed toward Defendants West Bank Lubes, Inc, and Multi-Management, Inc, are specifically denied and strict proof thereof is demanded at trial. 5, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 6, Denied. The averments contained in this paragraph are conclusions of law to which no response is deemed required, If it is deemed that a response is required, the averments directed toward Defendants West Bank Lubes, Inc, and Multi-Management, Inc, are specifically denied and strict proof thereof is demanded at trial. 7, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 2 8, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 9, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required. 1 0, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc, and therefore no response is required, 11, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 12, Denied. The averments contained in this paragraph are conclusions of law to which no response is deemed required, If it is deemed that a response is required, the averments directed toward Defendants West Bank Lubes, Inc, and Multi-Management, Inc, are specifically denied and strict proof thereof is demanded at trial. 3 13, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 14, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 15, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 16. Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 17, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 18, Denied. The averments contained in this paragraph are conclusions of law and directed to a party other than Defendants West Bank Lubes, and Mutli-Management, Inc" and therefore no response is required, 4 WHEREFORE, Defendants West Bank Lubes, Inc, and Multi-Management, Inc, demand judgment in their favor as demanded in their Joinder Complaint. JOHNSON, DUFFIE, STEWART & WEIDNER By: to,,)... I). Wade D, M l!i:' squire Attorney ID, N 8 7~44 301 Market Stree J P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, DATE: I""IZ.~/'( :264321 5 VERIFICATION I, ROBERT FALTER, verify that I am authorized to execute the forgoing Reply of Defendants West Bank Lubes, Inc, and Multi-Management, Inc, to New Matter of Additional Defendant Nissan North America, Inc, on behalf of Multi-Management, Inc, and West Bank Lubes, Inc" and in that capacity I confirm that the facts set forth in therein are true and correct This verification is made subject to the penalties of 18 Pa, C,SA 9 4904, relating to unsworn falsifications to authorities, BY~~h.~) OBER FALTER, Secretary Multi-Management, Inc. and West Bank Lubes, Inc. DATE: I),)I(,,)OJ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, no Pennsylvania, with first-class postage prepaid on the ~~ ' day of 1)f"~"".rjl. , 2005, addressed to the following: Jeffrey R Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street P,O. Box 741 Harrisburg, PA 17108-0741 Shaun Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 George B, Faller, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Jennifer Clilrk, Esquire 1650 Market Street Suite 4900 Philadelphia, PA 19103 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~~. Wade D, Ma Ie ,E uire Attorney 1.0, No 872 4 301 Market Stre t p,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, ",-' <. ~:;, ." ;:>-.. L. ~:... ,.. ..,)- I W () ~-n .-4 f~:i ?~ "--~'. \. ~~;) 1-', ~ 1'\'\ \-') ".U :< - Johnson, Duffie, Stewart & Weidner John A Statler Esquire Attorney L D. No, 43812 Wade 0, Manley, Esquire Attorney L D, 87244 301 Market Street P 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com; wdm@jdswcom Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, WILLIAM R MITCHELL and ANN L. MITCHELL, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW WEST BANK LUBES, INC, and MULTI-MANAGEMENT, INC" Defendants v, NO, 05-2053 CIVIL TERM FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO" L TO, and NISSAN NORTH AMERICA, INC" Additional Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANTS WEST BANK LUBES, INC. AND MULTI-MANAGEMENT, INC. TO NEW MATTER PURSUANT TO PA. R. C. P. 2252(d) OF ADDITIONAL DEFENDANT MONROE MUFFLER/BRAKE SERVICE CENTER AND NOW, come Defendants West Bank Lubes, Inc, and Multi-Management, Inc, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, p, C" and file the following Reply to the New Matter Pursuant to Pa, R C, p, 2252(d) of Additional Defendant Monroe Muffler/Brake Service Center: NEW MATTER PURSUANT TO PA. R. C. P. 22521d) 31, Answering Defendants incorporate by reference paragraphs 1 through 30 of their Joinder Complaint as if set forth herein, 32, Denied. The averments contained in this paragraph constitute conclusions of law and fact to which no response is required, In the event a response is deemed to be required, it is denied that Answering Defendants are alone liable to the Plaintiffs or liable over to the Additional Defendant Monroe Muffler/Brake Service Center by way of contribution and/or indemnity and it is denied that the Answering Defendants are jointly and/or severally to the Additional Defendant Monroe Muffler/Brake Service Center. The Answering Defendants specifically deny that their conduct was negligent or otherwise produced liability in any manner. 33, Denied. The averments in this paragraph constitute conclusions of law and fact to which no response is required, In the event a response is deemed to be required, it is denied that the Additional Defendant Monroe Muffler/Brake Service Center's liability is secondary or passive to liability of the Answering Defendants, and it is specifically denied that the Answering Defendants' liability was primary and active, WHEREFORE, Defendants Multi-Management, Inc, and West Bank Lubes, Inc, demand judgment as prayed for in their Joinder Complaint JOHNSON, DUFFIE, STEWART & WEIDNER By: ~10{,. b. DATE: \~1't8tcr :264270 John A Statl r, sire Attorney L D, No, 3 12 Wade D, Manley, Esquire Attorney LD, No, 87244 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, 2 VERIFICATION I, ROBERT FALTER, verify that I am authorized to execute the forgoing Reply of Defendants West Bank Lubes, Inc, and Multi-Management, Inc, to New Matter Pursuant to Pa, R C. p, 2252(d) of Additional Defendant Monroe Muffler/Brake Service Center on behalf of Multi-Management, Inc, and West Bank Lubes, Inc., and in that capacity I confirm that the facts set forth in therein are true and correct This verification is made subject to the penalties of 18 Pa, C,SA S 4904, relating to unsworn falsifications to authorities, BY:~_d--~~Z;;J OBERT L T R, Secretary Multi-Management, Inc. and West Bank Lubes, Inc. DATE: . , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ).fl1} day of 1;)e c..e'IW8nz... , 2005, addressed to the following: Jeffrey R Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street P,O, Box 741 Harrisburg, PA 17108-0741 Shaun Mumford, Esquire Margoiis Edelstein 3510 Trindle Road Camp Hill, PA 17011 George B, Faller, Esquire Martson, Deardortf, Williams & Otto Ten East High Street Carlisle, PA 17013 Jennifer Clark, Esquire 1650 Market Street Suite 4900 Philadelphia, PA 19103 JOHNSON, DUFFIE, STEWART & WEIDNER By: Luntt) Wade 0, Manle ,E uire Attorney LO, No, 87 4 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc, and Multi-Management, Inc, ~::1\ ~:) ,J'" t_ ",'.',.- I <.'" C) -n ..... ~':Il , 'CI~ \:-:; :'1:'" \..L~ '-:i ':..< Johnson, Duffie, Stewart & Weidner Wade D. Manley, Esquire Attorney I. D. 87244 301 Market Street POBox 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdswcom Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. WILLIAM R. MITCHELL and ANN L. MITCHELL, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WEST BANK LUBES, INC. and MULTI-MANAGEMENT, INC., Defendants v. NO. 05-2053 CIVIL TERM FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER, NISSAN MOTOR CO, LTD. and NISSAN NORTH AMERICA, INC., Additional Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANTS WEST BANK LUBES, INC. AND MULTI-MANAGEMENT, INC. TO NEW MATTER OF ADDITIONAL DEFENDANT FAULKNER NISSAN AND NOW, come Defendants West Bank Lubes, Inc. and Multi-Management, Inc., by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P. C., and file the following Reply to the New Matter of Additional Defendant Faulkner Nissan: 31. Defendants incorporate by reference paragraphs 1 through 30 of their Joinder Complaint as if set forth herein. 32. Denied. The averments contained in this paragraph are conclusions of law and are directed to a party other than Defendants Multi-Management, Inc. and West Bank Lubes, Inc. and, therefore, no response is required. 33. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments directed toward Defendants Multi-Management, Inc. and West Bank Lubes, Inc. are specifically denied and strict proof thereof is demanded at trial. 34. Denied. The averments contained in this paragraph are conclusions of law and are directed to a party other than Defendants Multi-Management, Inc. and West Bank Lubes, Inc. and, therefore, no response is required. 35. Denied. The averments contained in this paragraph are conclusions of law and are directed to a party other than Defendants Multi-Management, Inc. and West Bank Lubes, Inc. and, therefore, no response is required. 36. Denied. The averments contained in this paragraph are conclusions of law and are directed to a party other than Defendants Multi-Management, Inc. and West Bank Lubes, Inc. and, therefore, no response is required. 37. Denied. The averments contained in this paragraph are conclusions of law and are directed to a party other than Defendants Multi-Management, Inc. and West Bank Lubes, Inc. and, therefore, no response is required. 2 . 38. Denied. The averments contained in this paragraph are conclusions of law and are directed to a party other than Defendants Multi-Management, Inc. and West Bank Lubes, Inc. and, therefore, no response is required. 39. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the avernnents directed toward Defendants Multi-Management, Inc. and West Bank Lubes, Inc. are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants Multi-Management, Inc. and West Bank Lubes, Inc. demand judgment in their favor as demanded in their Joinder Complaint. JOHNSON, DUFFIE, STEWART & WEIDNER By: WnJ... l) Wade D. Ma ey, Attorney I.D. No. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. DATE: \,.{t-fJ1 D<S :263996 3 VERIFICATION I, ROBERT FALTER, verify that I am authorized to execute the forgoing Reply of Defendants West Bank Lubes, Inc. and Multi-Management, Inc. to New Matter of Additional Defendant Faulkner Nissan on behalf of Multi-Management, Inc. and West Bank Lubes, Inc., and in that capacity I confirm that the facts set forth in therein are true and correct. This verification is made subject to the penalties of 18 Pa. C.SA 8 4904, relating to unsworn falsifications to authorities. By: ~~~l ./'\ ROBE FALTER, Secretary Multi-Management, Inc. and West Bank Lubes, Inc. DATE: I,;J.I/~I CU- . . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the z.e:1t- day of ,oetA'.....~ ,2005, addressed to the following: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street PO. Box 741 Harrisburg, PA 17108-0741 Shaun Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 George B. Faller, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Jennifer Clark, Esquire 1650 Market Street Suite 4900 Philadelphia, PA 19103 JOHNSON, DUFFIE, STEWART & WEIDNER By: W~ 1), Wade D. Manle Attorney I.D. No. 87 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants West Bank Lubes, Inc. and Multi-Management, Inc. .--> c; ~j. ( ;:~j-" - ..} ~ ,- :.-.- ,~ -- \ W ~.~) - Jeffrey R. Boswell, Esquire Supreme Court 1.0. #25444 BOSWEll, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiffs WILLIAM R. MITCHELL, and ANN L. MITCHELL, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS, : NO. 05-2053 v. WEST BANK LUBES, INC., and MULTI-MANAGEMENT, INC. DEFENDANTS, : CIVIL ACTION - LAW FAULKNER NISSAN, MONROE MUFFLER/BRAKE SERVICE CENTER,: NISSAN MOTOR CO., LTD., and : JURY TRIAL DEMANDED NISSAN NORTH AMERICA, INC., ADDITIONAL DEFENDANTS. PRAECIPE TO DISCONTINUE TO: Prothonotary Curt Long Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 - As per the settlement reached among these parties, kindly settle and discontinue this action, with prejudice. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & ALFORD By: ~. 1- Je~~ Esquire 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 \. D. No. 25444 Attorneys for Plaintiffs DATE: September LS ,2006 - CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Praecipe to Discontinue, addressed, as follows: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (Attorneys for Defendants, Multi-Management, Inc., and West Bank Lubes, Inc.) Faulkner Nissan 2450 Paxton Street Harrrisburg, PA 17111 Monroe Muffler/Brake Service Center 1756 Mileground Road (Rte. 119) Ship 147 Morgantown, WV 26503 Linda S. Gerace, Paralegal DLA Piper One Liberty Place 1650 Market Street, Suite 4900 Philadelphia, PA 17103-7300 (Attorneys for Additional Defendants, Nissan Motor Co., Ltd. and Nissan North America, Inc.) Method of Service: X First class mail Certified mail/Restricted Delivery Hand-delivery BOSWELL, TINTNER, PICCOLA & ALFORD By: ~ Je~. Bo;well, Esquire Dated: September 19, 2006 e 1"...) c::o ~ c::;) ~ CI"'> ;::f{OJ U') ~:D en fTl ~x -0 -eFn ._C' ~",,:: \D ?6 r: f;~ <:-' ~.. )> -~. -0 ( :n ;z:'" :::2: 20 >2 .r:- om ~ N ~ =<